General
Welcome to the website (the “Website”) of Tomson’s of Appleton, LLC (“Holidays Pub & Grill”). Please review these terms and conditions (“Terms of Use”), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features. These Terms of Use and the Privacy Policy govern your use of and access to this Website and any and all content, data and information contained herein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS MAY BE AMENDED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
Use
The Website and its contents are intended solely for personal use. The Website is also intended solely for use and access by persons residing in the United States. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, trademarks, trade dress and/or intellectual property owned, controlled, or licensed by Holidays Pub & Grill or by third parties who have licensed their materials to Holidays Pub & Grill and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on this Website is the exclusive property of Holidays Pub & Grill or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services, or brands; and (c) you make no modifications to the materials.
In addition, you agree not to (a) use or access this Website for any purpose that is unlawful or prohibited by these Terms of Use; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Holidays Pub & Grill server or the networks connected to any Holidays Pub & Grill server; (c) interfere with any third party’s use and enjoyment of this Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Holidays Pub & Grill server through hacking, password mining or any other means.
The Website sells products to adults, who can purchase with a credit card, gift card, or loyal program points. If you are under 18, you may use the Website only with involvement of a parent or guardian. Holidays Pub & Grill and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.
What information do we collect?
Holidays Pub & Grill may collect certain information about you when you use the Services. Depending on how you interact with the Services, the information collected may vary, and may include:
- Personal information, such as your name, email address, mailing address, birthday, age, in-restaurant purchases for points program, online orders, and phone number;
- Employment history, education, referral, and similar information if you elect to apply for employment through the Services;
- Account information, such as your username or password (or anything else that identifies you) used to access or use the Services, including, without limitation, to join the loyalty program, Holidays Pub & Grill mobile App, or for any other purpose;
- Information collected through automated methods, such as, without limitation, geolocation and Wi-Fi data, cookies, beacons (“pixels”), or Flash cookies, which identify an individual computer’s browser or other information about a website user when entering a website or using the Holidays Pub & Grill mobile App or Services. Cookies allow the site to track that browser’s movement through the site over several sessions. Usage of a cookies is in no way linked to any personal information on our website, they compile aggregate data about site traffic and site interaction; and
- All other information that you choose to provide to Holidays Pub & Grill when you interact with or use the Services.
Our loyalty mobile application uses Background location, which will prompt you to opt-in to allow the app to utilize your location even when you are not logged in.
Subscribers can opt-in for SMS messages from Holidays Pub & Grill as a part of the loyalty registration process at Holidays Pub & Grill Member Portal (myguestaccount.com). By doing so, you agree to receive automated promotional and personalized marketing text messages from Holidays Pub & Grill 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 19203925826 and begin with “Holidays Pub.” 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 to our 19203925826 to cancel. After texting STOP to our 19203925826 you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to our 19203925826 for customer care information. You can also contact us at [email protected], 920.882.1500, or holidayspub.com for additional assistance.
What do we use your information for?
Any of the information we collect from you may be used for various purposes, including in one or more of the following ways:
- To process and fulfill your requests made through the Services;
- To communicate with you about your accounts, requests, comments, and questions;
- Applications for employment;
- To send you information about Holidays Pub & Grill products, services, contests, and promotions, including in the form of notices, offers, and solicitations that may take the form of U.S. mail, telephone calls, email, and other methods of contact;
- To administer and fulfill our contests and promotions;
- To comply with applicable law such as to prevent fraud and monitor against theft, to comply with legal obligations and Holidays Pub & Grill policies, to establish, exercise, or defend against legal claims, and to monitor and report compliance issues;
- To improve our website and customer service;
- To conduct research and help us learn more about your preferences and enhance your experience; and
- To perform other commercial activities as needed or described elsewhere in this Privacy Policy or the Terms of Use.
If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.
Email and Other Communications
In connection with your use of the Website, you consent to Holidays Pub & Grill recording any communication, electronic or otherwise, between you and Holidays Pub & Grill and retaining any information and data you submit while using the Website. In using the Website, you may be permitted to communicate electronically with Holidays Pub & Grill by sending electronic mail to Holidays Pub & Grill; however, you acknowledge and agree that only general information or inquiries may be submitted to Holidays Pub & Grill via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications.
Links
Holidays Pub & Grill is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from this Website. These linked sites are not under our control and Holidays Pub & Grill explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party sites. Holidays Pub & Grill does not endorse services contained on or through such third-party sites. Holidays Pub & Grill does not make any representations or warranties as to the security of any information (such as credit cards and other sensitive information) you might give on any third-party site.
Termination
Holidays Pub & Grill shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Holidays Pub & Grill believes that your conduct fails to conform to these Terms of Use. Upon termination of your access, you agree that you will immediately discontinue use of this Website.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HOLIDAYS PUB & GRILL OR ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOLIDAYS PUB & GRILL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT HOLIDAYS PUB & GRILL, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF SUCH LOSS OR DAMAGE.
Disclaimer
THIS WEBSITE IS PROVIDED BY HOLIDAYS PUB & GRILL ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLIDAYS PUB & GRILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. HOLIDAYS PUB & GRILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. HOLIDAYS PUB & GRILL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. HOLIDAYS PUB & GRILL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Modifications of These Terms of Use
Holidays Pub & Grill reserves the right to change, modify, amend and/or update these Terms of Use at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes you unconditional agreement to follow and be bound by these Terms of Use as so changed. You are responsible for reviewing these Terms of Use each time you use or access any portion of this Website.