To the extent permitted by law, your sole and exclusive remedy with respect to any order placed on our Site will be for replacement of that portion of the order with which you are not satisfied, or to refund any amounts you paid for the portion of the order with which you are not satisfied. See below for more information on limitations of liability and the extent to which they may apply to you. Also note that prices displayed online may differ from those posted in location, and that some special offers may not be applicable to both online and in-location purchases, or in all locations.
If you are under the age of eighteen, you may use our Site only to obtain information about our business, products, services, employment opportunities and offers. You may not make purchases through our Site. If you wish to make purchases through our Site, a parent or guardian must do so for you. Also, at this time, our Site is not intended to be used by persons who are citizens of the European Union, or are residents of, or located in, any European Union country (“EU Persons”). If you are an EU Person, you agree not to use our Site and, under no circumstances, to provide any personal information of any kind to us.
Special assistance is available for persons with disabilities. If you need assistance accessing our Site, please call us at 1-305-218-6584.
Disclaimer – No Warranties
We warrant that we will use commercially reasonable efforts to make our Site available to you through the internet, other than during regularly scheduled service periods, or in the event of an internet outage or disaster. Icebox Cafe® makes no other warranty with respect to our Site, whatsoever. More specifically, EXCEPT AS IS EXPRESSLY STATED ABOVE, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON IT, INCLUDING THAT IT WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS OR INCORRECT INFORMATION WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, OTHER THAN THE EXPRESS WARRANTY SET FORTH ABOVE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES OR THE LIKE.
Given the unpredictability of technology and the online environment, we do not warrant the function or operation of this Site, that the use of the Site will be uninterrupted or error-free or that defects will be corrected. We make every effort to present the most recent, accurate, and reliable information on this Site at all times. However, on occasion information provided on this Site may contain incomplete data, typographical errors, or inaccuracies. Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. We shall not be liable for damages of any kind related to your use of or inability to access this site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that are caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, line failure or inability to use the Site. We do not warrant or make any representations regarding the use of the information contained on this Site in terms of its correctness, accuracy, reliability, or otherwise. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE OUR SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ELECTRONIC COMMUNICATIONS FROM ICEBOX CAFE® AND ITS THIRD PARTY SERVICE PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE EXCLUSIONS FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ICEBOX CAFE®, ITS AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE.
AND, OUR TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT OF ORDER PLACED ON OUR SITE THAT GAVE RISE TO THE CLAIM, OR TWENTY-FIVE DOLLARS ($25.00), WHICH EVER IS GREATER. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, USE OF OUR SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITE. OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USE IT AT YOUR OWN RISK!
THE FOREGOING LIMITATIONS OF LIABILITY AND WARRANTY ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS PLACE RESTRICTIONS ON LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY HEREIN WILL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Restrictions on Use and Conduct
Our Site may allow you to place orders as a guest, in which case we do not store personal identifying information. You may also place an order without saving your credit card information. If you are concerned about online risks such as hackers targeting our Site, you should use the Site as a Guest only, without saving credit card information, to help limit the amount of information we store. No site can protect against all possible online intrusions or hacker efforts, including ours.
Intellectual Property Information
All trademarks, logos, trade names and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties that we have the right to sue (the “Marks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way. Without limiting the foregoing, the use of our Marks on any other website, software, advertisement or mobile app is strictly prohibited. All materials contained on our Site are subject to copyright. The absence of a copyright notice, trademark symbol, or statement regarding the proprietary nature of a trade name does not constitute a waiver of our intellectual property rights concerning the trademark, trade name or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution where appropriate. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk to the fullest extent permitted by law.
If you are a copyright owner or agent thereof and believe that content posted on our Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We can be reached by email at email@example.com, or by mail at:
DMCA Designated Agent
Icebox Cafe, LC
1855 Purdy Avenue
Miami Beach, FL 33139
Governing Law and Commencement of Actions
We maintain our Site from our corporate offices in State of Florida and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations. EU Persons are not eligible to use our Site at this time.
We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must timely submit an application. Applications are active for 20 days, after which you must reapply.
When you visit the Site or send e-mails to us or register for our email list, you are communicating with us electronically. You consent to receive communications from us electronically so that we may respond to your communications. We will communicate with you by email or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By submitting your email address, you may receive Icebox alerts, announcements, polls, surveys, advertisements, coupons, promotions, and/or information regarding giveaways, sweepstakes, and contests, and you agree that Icebox and its third party service providers may use your email address to contact you for those purposes and about Icebox and for administrative purposes.
Entire Agreement, Severability, and Assignment
Our goal is to protect your privacy and the information that you submit to us through the Internet. We operate our Site from our corporate office in Miami-Dade County, Florida in the United States. All matters pertaining to our Site are governed and interpreted under the laws of the State of Florida, United States.
Our Site is not directed to children under the age of thirteen (13) and we do not knowingly collect personal information from children under the age of thirteen (13) on our Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen (13) on our Site, we will delete the information from our records.
Special assistance is available for persons with disabilities. If you need assistance accessing our Site, please call us at 1-305-218-6584
We and our third-party service providers collect information about you from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us. For example, we and our third-party service providers collect information both directly and indirectly from you when you:
- order and/or purchase any of our products or services;
- contact or communicate with us;
- create an account with us;
- request information from us;
- register for any event and/or participate in any event, contest, surveys, or other promotion that we may offer from time to time (collectively, “Promotions”);
- register for, access or use our loyalty program, if any;
- begin or complete the application process for a franchise opportunity, or for employment by us;
- access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Instagram (“Social Media Pages”);
- sign-up for communications from us; and/or provide or submit comments, suggestions, or other content or input to us.
We and our third-party service providers collect information that identifies you personally provided by you or on your behalf, which information may include your: name, address, telephone numbers (including mobile numbers), email addresses, date of birth and/or age, demographic information, and/or financial information (e.g., credit and debit card numbers) (“Personal Information”). We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.
We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from our restaurants or Licensees, if any, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).
Information Collected Automatically
We and our third-party service providers use tracking technologies to automatically collect certain information from you. The following are examples of information we may collect with these technologies:
- your IP address;
- browser type and operating system;
- mobile device type;
- pages you view within our Site;
- website you visited before coming to our Site;
- emails from us that you open and/or forward; and/or
- offers or links from us to which you connect.
We use this information to personalize your online experience and for marketing purposes.
Traffic Data. Our Site automatically track and collect your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”). Traffic Data does not typically include Personal Information, but rather is anonymous information that is helpful for our marketing purposes for improving your experience on our Site.
Web Beacons. Certain pages on our Site and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on our Site and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.
Other Technologies. We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed our Site. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed our Site or Social Media Page, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit our Site or Social Media Page, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by most websites, and can be used to optimize your online experience.
Mobile Applications, if any
In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, if any, including the type of mobile device you use, the temporary or persistent unique device identifiers, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
If you utilize any of the location-based services in our mobile applications, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.
We use your information that we collect, including Personal Information, for a variety of business purposes, including:
- providing our products and services to you;
- processing payments;
- communicating with you regarding our restaurants, products, services, events, Promotions, and other offers;
- making our Site and communications tailored to your interests;
- creating and managing your accounts with us;
- administering our Promotions and other offers;
- tailoring our products, services, Site, and advertisements to your interests;
- responding to your inquiries, comments, stories, or postings;
- improving and customizing our products, services, and Site according to your individual interests;
- for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
- developing new products, services, and Promotions;
- for marketing purposes;
- to protect the security and integrity of our business and our Site.
We may use your information to match it with other data sources in order to enhance our records, such as appending additional information to your profile. We may use data and service providers to identify different devices that you use to match all of those devices to you, such as desktop computer, laptop and smartphone. Such matching enables us to improve our advertising and understand how you use the Site.
Third Party Disclosures
Facebook Sign In
You may create an account or sign into your account on the Site by clicking on “Sign in with Facebook” and then entering your Facebook login credentials. In this case, we may receive information from Facebook to make it easier for you to create an account on the Site. Once you register on the Site and connect with Facebook, information you post or provide access to may be publicly displayed on the Site or by Facebook. Both Icebox Pantry and Facebook may have access to certain information about you and your use of the Site and Facebook’s services. We are not responsible for the privacy practices of Facebook, and you are encouraged to read their policies and set your privacy preferences appropriately.
If you complete an application for employment with us, or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment. By applying to become an employee you consent to our collection, use, and disclosure of your Personal Information in this manner.
Access and Deletion Requests
We provide you with the opportunity to update and/or delete certain information that we collect from you, such as profile and account information. For any such requests, you may contact us via the Contact Information provided at the end of this policy. We will make good faith efforts to comply with such update and/or deletion requests as soon as possible, but cannot guarantee complete update or removal of the requested information from our databases.
We may ourselves or with third parties, use non-identifying information to deliver interest-based advertisements to you based upon your online activities and other information. The online advertising industry provides a service through which you may opt-out of receiving interest-based advertising from certain third-party providers that participate in self-regulatory programs. Some of the third parties that provide us such advertising services comply with, and we comply with, the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. For mobile devises, you may also download and set your preferences on the App Choices mobile application(s) available in Google Play or the Apple App stores to limit ads in certain apps or may set the limit ad tracking setting or to reset the advertising identifier on your iOS and Android device. Some of these third parties may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see www.networkadvertising.org/choices/.
Even if you opt out, note that you will continue to see generic advertising that is not tailored to your interests and activities. Whether you use our opt-out or an online industry opt-out, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.
We may use third-party analytics services such as Google Analytics on our Site to analyze your use of the Site, and our performance and delivery of our products, services and advertising. To learn how to opt out of Google Analytics services, you can go to https://tools.google.com/dlpage/gaoptout for more information.