privacy policy

THE DIRTY BUFFALO PRIVACY POLICY & TERMS OF USE

PRIVACY POLICY

Last Updated January 9, 2024

The Dirty Buffalo Restaurant, LLC (“The Dirty Buffalo,” “TDB,” “we,” us, “ or “our”) is committed to protecting and safeguarding the privacy of our guests and visitors to our website, www.thedirtybuffalo.com,and any other website where this Privacy Policy is posted or linked (each, a “Site and collectively, the “Sites”), and users of our mobile device application (“Mobile App”). This Privacy Policy also applies to our in-store kiosks, as applicable, Wi-Fi service, and other online services, tools, or programs where this Privacy Policy appears, our Programs (defined below) (e.g. our loyalty program, reservations platform or guest feedback program); and other offline interactions you may have with us. We refer to our online and offline interactions with you as the “Services.” This privacy statement does not apply to our franchisees or to websites or mobile apps they operate. Please see our franchisees’ privacy policy notices for information on how they use customer information.

We are based in the United States and do not own or operate any The Dirty Buffalo locations outside of the United States. This site is intended for U.S. audiences only. We do not knowingly collect any personal information of European Union (“EU”) residents or residents of other countries outside the United States. If you reside outside the United States and provide personal information, you agree that the personal information will be transferred to and processed in the United States. The laws that apply to the use and protection of personal information in the United States may be different than the laws and protections in your country.

By using the Sites or Services, you agree to the terms of this Privacy Policy. If you do not agree with the terms of this Policy, do not use the Sites or Services.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We (and our service providers) collect a variety of information that you voluntarily provide to us when you use or otherwise engage with the Services or Sites, complete a survey administered by us or on our behalf, provide us with feedback, or otherwise interact with us. We collectively refer to this as “Personal Information”. Some examples of Personal Information we may collect include:

Contact Information When you use or engage with us and/or the Services, we collect or obtain relevant contact details from you. For example, when you place an order online or sign up for our loyalty program, you provide us with your name, phone number, and email address.
Payment Information If you place an order, we will collect your financial payments details (e.g., your credit/debit card information).
Demographic Information We collect certain demographic information, such as your date of birth, and zip code, if you choose to provide it (e.g., when you sign up for our loyalty program).
Employment History Information If you apply for a job or submit a franchise inquiry, we may collect information about your education and work history and past salaries.
Purchase information When you engage with us, we may collect information about your preferences, including your dietary preferences (if you choose to share them with us), your transaction history, and how frequently you wish to receive marketing and promotional communications from us.
Information you make public. If you post in a public space on a Website or in the Mobile App or otherwise choose to make your personal information public on or through the Services, we will collect or obtain such information, including but not limited to reviews, photographs of our food or restaurants, or comments on social media regarding our Services. If you choose to share personal information publicly through the Services, please understand that we cannot control the actions of third parties who may have access to or collect this information.
Also, when you visit our Sites or Mobile App, we may collect certain information via automated means (such as cookies, web beacons, and server log files). For example, our systems may collect information about the following.
- your activity on the Sites and Mobile App (i.e., pages you visit, address of a referring website (if any), identifiers for your mobile device, and Internet Protocol (IP) address)
- type of mobile device and its settings
- geolocation and current location (if you do not turn off GPS locator on your phone)
- communications to us or regarding us on social media

INFORMATION RECEIVED FROM THIRD PARTIES

We may receive Personal Information about you from third parties that supplements the Personal Information we collect directly from you and/or through automated means. The Personal Information that we receive from third parties may include demographic information (e.g., your age, gender, zip code, marital status, education level, occupation, etc.) and information about your lifestyle, preferences and interests, and purchase history and tendencies.

Our sources of Personal Information may include:

Social media networks. We may receive your personal information from social media networks (e.g., Facebook, Twitter, etc.). For example, if you connect your social media account(s) with your The Dirty Buffalo account, we may receive your social media ID or username, name, email address, general location information, friends list, and demographic information (e.g., your gender or birthday/age). Please note that certain information we receive from social media networks will become part of your account(s) with The Dirty Buffalo and handled by us in accordance with this Privacy Policy. Additionally, if you interact with us on any social media network or access our social media content, we may receive your personal information from the relevant network.
Sweepstakes partners. If we partner with another business on a contest or sweepstakes, we will receive your personal information when our partner discloses it to us and use it as described in the applicable contest/sweepstakes rules.
Third-party data providers. We may receive your personal information from third-party data providers, including data aggregators and data brokers, that collect personal information about consumers from various sources and provide us with information relating to you to supplement the information that we already have.
Publicly-available sources. We may receive your personal information from publicly-available sources, including publicly-available databases.

HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We may use the Personal Information we collect in a variety of ways:

We use the categories of information for the business and commercial purposes outlined here:

We use information to respond to your requests. We use information to provide the products and services you purchase, provide you the best guest service experience possible, and to respond to your requests, questions and/or comments. We use employment information to process your application. We use franchise applications to evaluate prospective franchisees.

We use information for transactional communications. We use contact and payment information to process payments. We use contact information for order delivery, which may include delivery through third-party delivery services. We use contact and demographic information for our loyalty programs.

We use information for marketing purposes. We use contact information to notify you about new products and special offers or new features. This may be by email or text. It may also be on social media platforms. We use contact information to notify you if you win a promotion or sweepstakes.

We use information to improve our products and services. We use site usage information to make our website and products better. We use your contact, demographic, and site usage information to customize your experience with us. We use your demographic information for market research.

We use information to protect our company and constituents. We use contact, demographic, and site usage information to protect our company and customers. We use this same information to identify fraud and secure our systems. We use all categories of information for other purposes as permitted by law.

PERSONAL INFORMATION WE SHARE WITH OTHERS

The Dirty Buffalo does not sell your Personal Information to unaffiliated third parties.

We share categories of information as described here:

We share information with related companies. We share information with our affiliates and subsidiaries, including future related companies. This includes new brands bought by our parent entity. We will share information with future related companies. Information we share includes contact and payment information. It also includes demographic and site usage information. For example, if you select a The Dirty Buffalo franchise as your favorite The Dirty Buffalo location, that franchisee may be provided with Personal Information such as your contact information in order to make special offers to you.

We share information with vendors who perform services on our behalf, as necessary for them to perform those services. We share contact, demographic, payment, and site usage information with vendors such as marketing companies, customer relationship management systems, loyalty program administrators, and website developers who enter into contracts with us.

We share information if we think we have to in order to comply with the law or to protect ourselves. We share information we collect about you to respond to a court order or subpoena. We share information in response to a government agency or investigatory body request. We share information we collect when we investigate potential fraud.

We share information with any successor to all or part of our business. If all or part of our business was sold, we may share your information as part of that transaction. If there is a merger or acquisition, we may also share your information. If there is a financing or bankruptcy, we may share your information.

We share information as permitted by law and for other reasons we may describe to you.

ANONYMOUS & AGGREGATE INFORMATION

The Dirty Buffalo also collects some Personal Information on an anonymous basis, and/or anonymizes the Personal Information we collect about you. We obtain aggregate data by combining anonymous data that meet certain criteria into groups. When we engage third parties to anonymize or aggregate data on our behalf, The Dirty Buffalo requires those companies to protect any Personal Information they may receive in a manner consistent with this Privacy Policy. We may share aggregate or anonymous information in various formats with trusted companies, and may work with those entities to do research and provide products and services.

INFORMATION RETENTION

We will retain your Personal Information as long as necessary to fulfill the purposes outlined in this Privacy Policy (including to satisfy our legal or reporting requirements), unless a longer retention period is required or allowed under law.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of the Personal Information; the purposes for which we use the Personal Information; whether we can achieve the purposes through other means; and the applicable legal requirements.

If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.

HOW TO OPT OUT

We provide you with the ability to review and update your personal information (where applicable) and make certain choices about how we use and disclose your Personal Information. Additional details are below.

Review and update your account information. If you have created an account through the Services, you may log in to your account and review your information, update certain information, or delete certain information at any time.
Adjust your location settings. To stop sharing your device’s location with us, you may adjust the location settings on your computer, browser, or mobile device. You can also stop our collection of location information from your mobile device by uninstalling the Mobile App.
Adjust your push notification settings. If you use the Mobile App, we may use certain information that we have collected from or about you to send push notifications to your mobile device. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the Mobile App or in your mobile device’s settings. Please note that even if you choose not to receive push notifications, you will still receive in-app notifications when you use the Mobile App.
Opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the “unsubscribe” instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages when you place an order. We may also still send you responses to your questions or other necessary information about your account.
Exercise your text messaging choices. To unsubscribe from text message communications from us, you can text “STOP” in response to any text message you receive from us. Note that you will only be unsubscribed from the particular program about which the text was sent. If you have signed up for multiple text programs, you will need to opt out of each program separately.
Control cookies and tracking tools. You have the choice of whether to accept the use of cookies from our Sites (except essential cookies). However, if you decide not to accept cookies from our Sites, you may not be able to take advantage of all the features of the Sites. Most browsers are initially set up to accept cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies.

SAFEGUARDING YOUR PERSONAL INFORMATION

The security of your Personal Information is important to us. While no website is 100% secure, we will take reasonable steps to help ensure the privacy and security of your Personal Information. We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by The Dirty Buffalo. We require companies acting on our behalf to have reasonable safeguards in place to protect any Personal Information they may receive in a manner consistent with applicable law.

However, you understand and agree that such steps do not guarantee that use of the Sites is invulnerable to all security breaches, and that The Dirty Buffalo makes no warranty, guarantee, or representation that use of any of our Sites is protected from viruses, security threats or other vulnerabilities. We encourage you to use caution when using the Internet. This includes not sharing your passwords.

THIRD PARTY SITES AND LINKS

If you click on a link to a third party site, you will be taken to websites we do not control. This includes our pages on social media sites. This policy does not apply to the privacy practices of these websites. Read the privacy policy of other websites, including social media sites carefully. We are not responsible for these third party practices. The privacy policies of the social media providers will control any personal information you provide on those sites.

INFORMATION COLLECTION FROM CHILDREN

Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at info@thedirtybuffalocom. You can also write to us at the address listed at the end of this policy.

ACCESSING, CHANGING, OR SUPPRESSING YOUR PERSONAL DATA

If you would like to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, you can contact us at [email protected], or by mail at the address at the end of this Privacy Policy.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed, or other limitations you would like to put on our use of your Personal Information. For your protection, we only fulfill requests for the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable, within thirty (30) days.

CHANGES TO OUR PRIVACY POLICY

This Policy may change from time to time and all updates will be posted on this page. By continuing to use the Sites, you consent to any changes in this Policy. This Policy was last modified on 10/21/23.

HOW TO CONTACT US

If you have any questions regarding this Policy, you may contact us using the information below.

Email:
[email protected]

Mail:
The Dirty Buffalo
Attn: Legal Department
4000 Colley Avenue
Norfolk, VA 23508

When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.

THE DIRTY BUFFALO TERMS OF USE OF OUR WEBSITE

Last updated January 9, 2024

Welcome to The Dirty Buffalo. These Terms of Use (“Terms”) govern your use of our websites, including without limitation, www.thedirtybuffalo.com (“Site”), any The Dirty Buffalo mobile application, including any mobile application extension, mobile text program, in-store kiosks, online services, gift cards, and other services, tools or programs offered by The Dirty Buffalo in the United States, any interaction with our physical restaurants or the personnel at our restaurants, or where these Terms appear (collectively, the “Services”). The Dirty Buffalo or its affiliates or subsidiaries (collectively, “The Dirty Buffalo,” “TDB” “our,” “we,” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services.

We may change or modify these Terms from time to time and will post the updated Terms with a “Last Updated” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to the Site, use of the Site, and/or use of or participation in the Services after these Terms have been changed or modified (see Last Updated date above) signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to the Site, use of the Site, and/or use of or participation in the Services. If you do not agree to the changed or modified Terms, do not use the Site or Services.

While we operate the Site and Services, some of our restaurants are owned and operated by independent operators called “Franchisees.” These Terms do not apply to any orders or purchases made in person at any Franchisee location, your experiences in any Franchisee location, or with any separate websites or services offered by any Franchisee. Each Franchisee is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and any other programs or services provided by such Franchisee, and for any employment related matters in their locations. The Services may not be available in all geographic areas, and any particular Service, such as mobile application based ordering or delivery, may be subject to Franchisee participation, where applicable.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS.

Eligibility
You must be at least 13 years old to use the Site or the Services, except that some Services might require that you must be 18 years or older. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

Additional Terms
Some of our Services, including without limitation, The Dirty Buffalo Loyalty Program, The Dirty Buffalo Text Message Program and Dirty Dollars Gift Cards have additional terms and conditions (“Additional Terms”), which are incorporated herein by this reference. By using that Service, you agree to the Additional Terms.

Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:

violate any law or regulation or violate these Terms;
violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any other party;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
use any means to scrape or crawl any Web pages contained in the Site or the Services or to harvest or otherwise collect information about individuals;
attempt to cause damage to or through the Services or to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
use the Services in any way that results in the commercial resale of The Dirty Buffalo products without our prior written consent; or
advocate, encourage, or assist any third party in doing any of the foregoing.

Some of the Services are made available through the use of third-party suppliers and service providers ("Suppliers"). In addition to other Suppliers, the Services are supported by services provided by Google. By using the Services, you agree to comply with all terms and notices as Google may provide, including without limitation the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy.)

Availability, Prices, and Promotions

The Services may not be available in all geographic areas. Where available, prices and participation may vary. Receipt and availability of promotional offers and discounts may vary by location and recipient. Promotional offers and discounts may result in different amounts charged to different users for the same or similar services or goods obtained through the use of the Services. All promotions, offers and discounts are subject to the terms and exclusions identified on or in connection with them. Unless expressly stated on the offer or discount, promotional offers and discounts are subject to change or withdrawal at any time and without notice.

Online Ordering

The Dirty Buffalo may provide you the ability to order online from participating restaurants, Franchisee locations, The Dirty Buffalo mobile application, other locations, or through the use of Supplier services. The online ordering Services may not be available for all restaurants, and some The Dirty Buffalo restaurants do not sell all menu items. Images of menu items on the Site or Services may not be identical to what is available or what you may receive from an individual restaurant. We may also provide you the ability to order eGift Cards through certain online ordering Services. These Terms and the Additional Terms for Gift Cards apply to orders placed through the online ordering Services.

You are responsible for payment of your order by means of a payment option made available through the online ordering Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. The Dirty Buffalo will charge, and you authorize The Dirty Buffalo to charge, the payment method you specify at the time of your order. We use third party providers and may accept various third-party services to process payments.

The Dirty Buffalo restaurant identified when you place your order, which may be a Franchisee location, is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. If you are purchasing from a Franchisee location, The Dirty Buffalo does not prepare the items you are purchasing from the Franchisee and the Franchisee remains responsible for all items that you purchase.

You understand that: (i) the prices for menu items displayed through the online ordering Services may differ from the prices offered or published for the same menu items at a physical The Dirty Buffalo location, (ii) the prices for menu items may differ depending on geography and specific restaurant within any geography, (iii) the prices for menu items may differ depending on whether you order for dine-in, pick up or delivery (separate from any delivery fee(s)), (iv) the prices for menu items may differ depending on whether you order from a The Dirty Buffalo corporate location or a Franchisee location, and (v) The Dirty Buffalo reserves the right to change the prices displayed through the online ordering Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, separately stated delivery and service fees, or other related surcharges. The Dirty Buffalo charges a 2% non-cash adjustment fee for dine-in or carryout orders that are paid for with a credit card in order to offset a portion of the expenses The Dirty Buffalo incurs in accepting all major credit cards. This helps us keep prices low. Charges paid for completed orders are final and non-refundable. The Dirty Buffalo has no obligation to provide refunds or credits, but may grant them, in our sole discretion.

Minimum order amounts may apply for orders placed through the online ordering Services. Any applicable taxes and fees, separately stated delivery and service fees, or other related surcharges due in connection with your order will be identified on the checkout screen before you place your order. If you do not agree to the prices charged for the items listed or any delivery fee, service fee or related surcharge identified on the checkout screen, do not proceed with ordering. There may be limits on the dollar amounts and number of orders that may be placed through the online ordering Services. Discounts, coupons and other offers may not all be able to be combined with orders placed through online ordering Services. You may be able to, and in some circumstances, you may be required to, use your The Dirty Buffalo loyalty account in connection with certain ordering through the online ordering Services, in which case the Additional Terms for The Dirty Buffalo Loyalty Program will also apply. If there are any conflicts between these Terms and the Additional Terms for the The Dirty Buffalo Loyalty Program, the Loyalty Additional Terms will control. If there are any conflicts between these Terms and the Additional Terms for Gift Cards, the Additional Terms for Gift Cards will control.

Delivery

Delivery may be available for qualifying orders placed through the online ordering Services for participating The Dirty Buffalo restaurants. Menu items available for delivery, and prices for those items, may vary by location. Orders must be placed within delivery times and for delivery within the specified radius of the participating The Dirty Buffalo restaurants. Not all The Dirty Buffalo restaurants offer delivery Services and, if delivery is available, it may be available only to a limited geographic area. Delivery hours may be limited and may vary. Delivery orders require a minimum order of a certain amount (before applicable taxes and fees (including separately stated delivery and service fees)), which may vary by location. The delivery fee does not include a voluntary tip or gratuity provided to the driver. Delivery orders must be placed using applicable online ordering Services.

Menu prices for delivery Services may be higher than those at physical restaurant locations or those available through the online ordering services for pick-up, and additional delivery and other service fees may apply. Applicable (additional) delivery fees and service fees may vary by location, and are subject to change at any time. Some locations may charge a supplemental delivery charge based on generally higher delivery costs or other factors. You will be able to see pricing and all applicable delivery/service fees on the checkout screen before placing your delivery order. If you do not agree with the prices charged or for any delivery fee, service fee or other related surcharges identified on the checkout screen, do not proceed with ordering.

You may enter your address on the Site or Services to see nearby The Dirty Buffalo locations and delivery options. Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. The Dirty Buffalo and Franchisees are not responsible for inaccurate delivery time estimates or late deliveries. You understand and agree that deliveries placed through the online ordering Services may be fulfilled by a third-party delivery service. Any issue with or complaint regarding any of these third party services or orders should be directed to that third party and not to The Dirty Buffalo.

Additionally, third parties may offer delivery services through their own websites, apps or other means. The Dirty Buffalo does not review and is not responsible for any statements, claims (including price representations) made on those third-party sites or apps and has no responsibility to you for an order made through a third party. Any issue with or complaint regarding any of these third party services or orders placed through them should be directed to that third party and not to The Dirty Buffalo.

Gift Card purchases are excluded from our food delivery Services. You may purchase plastic gift cards at participating The Dirty Buffalo locations and eGift cards as part of certain online orders. Please see Additional Terms for Gift Cards for applicable terms.

Ownership

We own or license all right, title, and interest in and to (i) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (ii) our trademarks, logos, and brand elements including, without limitation, THE DIRTY BUFFALO, DIRTY PLATE, DIRTY CHICK, and The Dirty Buffalo logo and design, (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © The Dirty Buffalo. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from The Dirty Buffalo.

You are granted a limited, non-sublicensable license to access and use the Site and Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Site and Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Site and Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Site and Services or of any materials therein, reverse engineering of any Site or Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.

Privacy; Your Account

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. When you agree to these Terms (and any applicable Additional Terms) you acknowledge that you have reviewed or been provided the opportunity to review our Privacy Policy .

In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your account information, including, without limitation, your username and password and payment method information. You should not use the same username and password for your The Dirty Buffalo account as you use for other accounts. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

Links; Third Party Providers and Content

The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. You may also have the ability to interact with your account through third party services or choose to have portions of your account information accessible by third parties. Your access to, purchase, download, or use of third-party websites or services is governed by such third-party’s terms and conditions and privacy policy, as applicable. You should always read the terms and conditions and privacy policy applicable to third party websites or services before using or accessing them. By consenting to such interactions, you acknowledge and agree that: (i) third-party providers will have access designated by you to your information and that it is your sole responsibility to evaluate any risks related to your sharing of information with third-party providers; and (ii) we have no control over, and will have no liability for, any damage or loss related to the use of any third-party services or websites. Further, we disclaim all liability for the functionality of any third-party websites or services and, unless otherwise expressly provided, for their interoperability with our Services.

Employment Opportunities

The Careers Page portion of this Site allows you to find information about and apply for jobs. The Dirty Buffalo is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. The Dirty Buffalo encourages all qualified applicants to apply. Some jobs identified are for locations operated by our Franchisees and this information is provided as a convenience to you. The Dirty Buffalo does not have any responsibility for the hiring practices of its Franchisees. If you have questions or concerns about any job related to a Franchisee location, please contact that Franchisee directly.

Changes to the Site or Services/Termination

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you. We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, FRANCHISEES AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

Dispute Resolution; Arbitration Agreement; Class Action Waiver

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS

If you and The Dirty Buffalo have a Dispute (defined below) and our customer service team is unable to resolve your concerns, you and The Dirty Buffalo agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and The Dirty Buffalo each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details), and a detailed description of: (i) the nature and basis of the Dispute, with any relevant documents and supporting information; and (ii) a statement of the specific relief sought (including a detailed calculation of any damages). A Notice of Dispute must be mailed to the The Dirty Buffalo Legal Department, at 4000 Colley Avenue Norfolk VA 23508. The Dirty Buffalo will provide a Notice of Dispute to you via the address associated with your The Dirty Buffalo account, if available (the “Notice Address”). You or we must personally sign the Notice of Dispute.

If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and The Dirty Buffalo agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or The Dirty Buffalo may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

ARBITRATION AGREEMENT

IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY The Dirty Buffalo PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, BENEFITS, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES AND/OR AN APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT.

Unless otherwise specified in any Additional Terms, these Terms will be governed by and construed in accordance with: the laws of the Commonwealth of Virginia, without giving effect to any conflict of laws rules or provisions (with respect to matters within the United States).

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

ADDITIONAL TERMS FOR THE DIRTY BUFFALO MARKETING TEXTING PROGRAM

Subscribers can opt-in for SMS messages from The Dirty Buffalo as a part of the loyalty registration process. By doing so, you agree to receive automated promotional and personalized marketing text messages from The Dirty Buffalo to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from 7576570004 and begin with TDBRewards. Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and Data rates may apply.
To opt-out of the text messaging program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 7576570004 to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 7576570004 you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to 7576570004 for customer care information. You can also contact us at [email protected] for additional assistance. Reply START to a message from the Marketing Texting Program to rejoin the Marketing Texting Program.

By participating in the The Dirty Buffalo Marketing Text Program ("Marketing Texting Program"), you consent to The Dirty Buffalo or its service providers sending you recurring personalized marketing text messages, which may include using an automatic telephone dialing system, to the mobile number you provided. Messages will contain information about The Dirty Buffalo products, services, promotions, incentives, special offers, discounts, and discount codes, abandoned cart reminders, and/or loyalty/subscription program-specific content, and may also contain information about The Dirty Buffalo’s affiliates, Franchisees, and partnerships with third parties. Message frequency varies. You are not required to participate in the Marketing Texting Program as a condition of purchase.

Data obtained from you in connection with this texting service may include your mobile number, your carrier's name, the date, time and content of your text messages and other information you provide to us as part of the Marketing Texting Program. We may use this information to contact you, to provide the services you request from us and to improve our marketing, sales and advertising of our products and services. See our Privacy Policy for additional information.

ADDITIONAL TERMS FOR THE DIRTY BUFFALO LOYALTY PROGRAM

These Additional Terms govern your use of the The Dirty Buffalo Loyalty Program, available in the United States and Canada, and supplement the The Dirty Buffalo Terms of Use, as well as any other additional terms identified during your use of the Service, all of which are expressly incorporated herein by this reference. Capitalized terms used but not defined in these Additional Terms will have the same meaning given in the The Dirty Buffalo Terms of Use, as applicable. IF YOU DO NOT AGREE TO THESE ADDITIONAL TERMS, DO NOT PARTICIPATE IN THE DIRTY BUFFALO LOYALTY PROGRAM.

The Dirty Buffalo reserves the right to change, modify, eliminate, terminate, discontinue and/or cancel the The Dirty Buffalo Loyalty Program, associated rewards and/or all or any portion of these Additional Terms or any policy, FAQ, or guideline pertaining to the The Dirty Buffalo Loyalty Program at any time and in its sole discretion without notice to you. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications.

Becoming a The Dirty Buffalo Loyalty Member

The Dirty Buffalo Loyalty Program allows you to earn and/or receive rewards (collectively referred to as "Reward(s)"). To become a The Dirty Buffalo Loyalty member, you must: (i) Be at least 13 years old; and (ii) Register Your The Dirty Buffalo Loyalty card ("The Dirty Buffalo Card'') at www.thedirtybuffalo.com. Your The Dirty Buffalo membership is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) The Dirty Buffalo Card and associated account that is personal to you. A unique and valid email address is required to register for a The Dirty Buffalo account. A social media account may be required to complete actions to earn certain Rewards. Your The Dirty Buffalo Card or account number may be required to be presented in connection with a transaction or activity. The Dirty Buffalo Loyalty Program is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with the The Dirty Buffalo Loyalty Program.

Earning and Using Rewards

No Rewards are earned until your The Dirty Buffalo Card is registered. Rewards are issued by The Dirty Buffalo on a periodic basis and may not be identified to you in advance. Number, type and frequency of Rewards are based upon a number of factors, including without limitation the frequency of visits, the volume and type of purchases made, The Dirty Buffalo Card usage, type of personal information provided, and type and amount of participation in and/or interaction with The Dirty Buffalo and/or activities, other Programs and/or applications. Purchases from participating The Dirty Buffalo locations may be required to earn Rewards. Voluntary activities required to earn Rewards may include, among other things: (i) features that display your username and/or status; and/or (ii) contests, sweepstakes or other like activities subject to applicable rules and/or Program terms identified at the time. Certain activities may only be available to participants 18 years and older. Activities to earn Rewards do not count towards, and may not be combined with, activities described under other Programs. Activities tied to specific Rewards must be fully completed, as determined by The Dirty Buffalo in its sole discretion, and will result in a single Reward regardless of the number of times the activity is performed. Partial Rewards will not be issued. If a full Reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Unless otherwise identified, a Reward will consist of the single serving size of the rewarded item. The Dirty Buffalo has the sole discretion to determine the size of the Reward. Qualifying purchases reflected in an account where there is a period of 12 months of inactivity will no longer count toward earning a purchase-based Reward.

When earned, Rewards will be identified on your My Account page located at www.thedirtybuffalo.com and may also be printed on your The Dirty Buffalo store receipt. Generally, only one Reward may be redeemed per transaction. Multiple Rewards may be redeemed within a single transaction in limited purchasing channels. Rewards may not be redeemed in connection with catering orders. Rewards may not be redeemed for gift card purchases. Rewards expire if not used by the applicable expiration date. Rewards are subject to change or substitution without notice. Rewards accumulated under The Dirty Buffalo Loyalty Program are promotional and have no cash value. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred if permitted by a Reward transfer program (if any) made available by The Dirty Buffalo. Transaction history cannot be transferred from one account to another. If you forgot to present your registered The Dirty Buffalo Card while making a purchase in a The Dirty Buffalo store or online (a "visit"), you can get credit for your visit by bringing your receipt to any The Dirty Buffalo store within 30 days of your visit and we will make the appropriate correction to your account. The Dirty Buffalo has no responsibility to retroactively apply Rewards or use of The Dirty Buffalo Loyalty Program.

As a participant in The Dirty Buffalo Loyalty Program, The Dirty Buffalo may automatically enroll you in other Programs that are complementary to The Dirty Buffalo Loyalty Program. Please read the Privacy Policy to understand how The Dirty Buffalo collects, uses and discloses information about customers, how to update or change your personal information and how we communicate with you.

Without notice to you, The Dirty Buffalo reserves the right to suspend any The Dirty Buffalo account and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation, if The Dirty Buffalo determines in its sole discretion that you have violated these Additional Terms or the The Dirty Buffalo Terms of Use, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. The Dirty Buffalo may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in The Dirty Buffalo Loyalty Program is terminated, then all accumulated Rewards in your account are void.

ADDITIONAL TERMS FOR GIFT CARDS

These Additional Terms, together with any additional terms on the Card, govern your use of Dirty Dollars gift cards (including electronic gift cards ("eGift Cards")) (“Gift Cards”), Employee Discount Cards (“Employee Cards”), and The Dirty Buffalo comp cards (“Comp Cards”) in the United States. Gift Cards, Employee Cards, and Comp Cards are sometimes referred to interchangeably and collectively as “Cards.” These Additional Terms supplement The Dirty Buffalo Terms of Use, as well as any other additional terms identified by your use of the Cards, all of which are expressly incorporated herein by this reference. Capitalized terms used but not defined in these Additional Terms will have the same meaning given in The Dirty Buffalo Terms of Use, as applicable. These Additional Terms are between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be The Dirty Buffalo Restaurant, LLC, unless the Card is sold or distributed by a Franchisee, in which case the Issuer shall be the Franchisee. By purchasing, accepting, or using your Card, you agree to be bound by these Additional Terms, The Dirty Buffalo Terms of Use, and any additional terms on the Card. If there is a conflict between the terms set forth herein and the terms on a specific Card, these terms shall control. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, THE DIRTY BUFFALO TERMS OF USE, OR ANY ADDITIONAL TERMS ON THE CARD, DO NOT PURCHASE, USE, OR ACCEPT THE CARD.

About Your Card Issuer

The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. The Dirty Buffalo Restaurant, LLC and its affiliates, related entities, and Franchisees (other than Issuer) bear no responsibility or liability for any Card, and you hereby knowingly release The Dirty Buffalo Restaurant, LLC and its affiliates, related entities, and Franchisees (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Card.

Purchasing Gift Cards and Employee Cards, and Receiving Comp Cards

Gift Cards can be purchased and are only valid if obtained at participating The Dirty Buffalo locations in the United States, online at https://www.TheDirtyBuffalo.com, through the The Dirty Buffalo mobile application, or through an authorized distributor. Employee Cards are available only to team members employed by The Dirty Buffalo Restaurant, LLC or participating Franchisees and only in the manner made available by The Dirty Buffalo Restaurant, LLC or such Franchisee. Comp Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with an order from participating The Dirty Buffalo locations, online order at https://www.thedirtybuffalo.com or an order through The Dirty Buffalo mobile application. Comps Cards are not Gift Cards and are not able to be purchased. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.

Sending eGift Cards

You may send an eGift Card using various means including email and text message. If you send an eGift Card using your text message provider, standard message and data rates may apply to both the eGift Card sender and the eGift Card recipient. The eGift Card sender is responsible for ensuring that the email address or mobile number for the eGift Card recipient is correct. The Dirty Buffalo is not responsible and has no liability for any eGift Card that is undeliverable, not received by the eGift Card recipient, or claimed by someone other than the intended eGift Card recipient as a result of inaccurate information provided by the eGift Card sender.

Balance Inquiry

For balance inquiry, visit or call any participating The Dirty Buffalo location. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.

Expiration/Deactivation

Gift Cards and Employee Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Comps Cards expire on the date set forth on the Comp Card, and any applicable inactivity or service fees are also identified on the Comp Card. The Dirty Buffalo reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.

Redemption

Cards are redeemable only for purchases of food, beverages, and other goods and services and related fees and charges, if any, identified by The Dirty Buffalo from time to time, and may be redeemed online at www.thedirtybuffalo.com, on The Dirty Buffalo mobile application, or at participating The Dirty Buffalo locations. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.

Reloadable

Gift Cards may be reloaded with value. Comp Cards cannot be reloaded with value.

No Refunds
Cards are not refundable or redeemable for cash unless required by law and may not be returned or canceled (e.g., in connection with a canceled order or otherwise).

Limitations/Restrictions

The maximum value that can be associated with any one Gift Card is five hundred dollars ($500.00) and total purchases of Gift Cards for any one individual may not exceed (i) five hundred dollars ($500.00) in one calendar day with respect to purchases of eGift Cards directly from The Dirty Buffalo on https://www.The Dirty Buffalo.com or the The Dirty Buffalo mobile application (if/when the functionality for such purchase is available to you), and (ii) two thousand dollars ($2,000.00) in one calendar day with respect to all other purchases of Gift Cards. Without the prior written consent of The Dirty Buffalo, Cards cannot be resold or transferred for value and such Cards are void if resold or transferred for value. Comp Cards may also have additional restrictions as set forth on the Comp Card.

Governing Law