Lofty Pursuits - Online Ordering Powered By orders.foodiestakeout.com

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Schedule

We do pick-up orders, and you can enjoy eating on our patio and in our store every day 7am-10pm (9pm Sundays). For delivery, please see our Uber Eats page - ubereats.com/store/lofty-pursuits

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Available Delivery Locations

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	Pickup
	Open	Close
Mon	06:45 AM	09:30 PM
Tue	06:45 AM	09:30 PM
Wed	06:45 AM	09:30 PM
Thu	06:45 AM	09:30 PM
Fri	06:45 AM	09:30 PM
Sat	06:45 AM	09:30 PM
Sun	06:45 AM	08:30 PM



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Terms
Privacy Policy

Terms

This is an agreement (�Agreement�) between The Restaurant (�we�, �us�, �Restaurant�) and you, an end user (�you�, �user� or �account-holder�) of Restaurant� service and software (the �Service�) as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, and to the prices, charges, and conditions provided to you in association with your enrollment, including marketing materials and the Restaurant website, which are incorporated herein by reference. This Agreement governs the Service and any and all website, application or software used in conjunction with the Service

Service

The Service

Restaurant provides software and services for restaurants and hospitality establishments. The Service is offered both as a free and a paid service. The paid Service is offered on a transactional basis, whereby Restaurant charges the restaurant a fee per online order. As a free Service, the restaurant may pass on the online ordering fee to its customers. We may alter, expand, or reduce the features of the service from time to time without notice. You acknowledge that not all Services can be guaranteed to perform acceptably from all locations due to reliance on Internet communications.

Service Term

You may cancel the Service at any time by contacting us. Restaurant will have up to 90 days to remove the Service from our system or servers so normal web users cannot access it.

Termination for Cause

Either party may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach. Notwithstanding the foregoing, Restaurant, may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service or if deemed reasonably necessary by Restaurant to prevent interruption or disruption to the Restaurant system, its business or other customers; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure. Restaurant shall not be liable to you or any third party should we exercise our right to discontinue Service, in whole or in part, or terminate this Agreement pursuant to this section.

Use of Service

Responsibility for Account Information

In connection with your use of the Service, you will be asked to provide an email address and phone number in connection with your use of the Service and website. You are entirely responsible for maintaining confidentiality of your password and account information, and all identification and security codes that control access to the Service and website. You are responsible for all uses of the Service in association with your account, whether or not authorized by you.

Responsibility for Communications and Content

You are the sole owner of content and solely responsible for the content of all communications using your account. You must comply with all laws while using the Service; you must not transmit any communication that violates any law, court order or regulation; you must not violate any third party rights in using the Service; and you must not use the Service in any way that damages, interferes with, or disrupts Restaurant�s system or other users. We may suspend any such communications. You understand and agree that your use of the Service and any content is solely at your own risk.

Consent to Receive Email

By establishing an account with Restaurant, you consent to receive email communication from us concerning services including without limitation, sign up confirmation, installation guides, notices of service updates and other correspondence required for administration of the Service. We expect to communicate with you as necessary via email, by phone and on the Restaurant website.

Resale and Transfer

You are expressly prohibited from reselling or transferring the Service and/or software to any other person for any purpose, without express written permission from Restaurant in advance.

Unlawful and Prohibited Use

You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Restaurant�s sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Restaurant, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Restaurant personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Restaurant against any and all liability for any such use. If Restaurant, in its sole discretion, believes that you have violated the aforementioned restrictions, Restaurant may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

Unauthorized Commercial Use

The Service is for internal business purposes only, or for the direct benefit of you, your company or affiliated organization. You agree that will not make the Service available to unaffiliated persons, whether or not you generate income from this practice.

Theft of Service

You agree to notify Restaurant immediately if you become aware at any time that your Service is being stolen or fraudulently used, or access to your identification codes or security codes has been compromised.

Copyright, Trademark, and Unauthorized Use

The Service and any software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents, and materials on Restaurant�s website are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively �Marks�) of Restaurant are and shall remain the exclusive property of Restaurant and nothing in this Agreement shall grant you the right or license to use such Marks. support@Restaurant.com

Audit and Law Enforcement

Restaurant reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Restaurant reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.

Charges and Payments

Price and Price Changes

We may change the prices and charges for the Service from time to time. Price changes will take effect for new users immediately. Existing users will continue with the price they originally agreed upon. If an existing user opts to change their pricing tier, the price in-effect at the time will be charged.

Service Interruption

You acknowledge and agree that credit allowances for interruption of the Service will not be provided.

Service Cancellation

You may cancel the Service at any time by contacting us. Reasonable advance notice will be provided to current subscribers of an app before Restaurant ceases to make services available through the app. Restaurant may take down an app or remove it from current distribution due to: (a) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party, (b) an allegation or actual defamation, (c) an allegation or determination that an app does not comply with applicable law, (d) ceasing to do business, or (e) filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay your debts as they become due. An app may be removed at any time from the App Market if it is determined that the app: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iii) violates the our Policies; (iv) is being distributed in a manner that is in breach of our Terms; (v) may create liability for Us; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on our systems.

Your Account Obligations

In consideration of your use of the Service, you agree to: provide true, accurate, and current information about yourself when creating an account; maintain the confidentiality of your account and password and restrict access to your computer; and accept responsibility for all activities that occur under your account or password. If you provide any information that is untrue, inaccurate, or not current, we reserve the right to suspend or terminate your account and refuse any and all current and future use of the Service. You further agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Indemnification

You agree to defend, indemnify, and hold Restaurant, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or this Agreement, including, but not limited to: (1) your use of the Service (including without limitation, any person accessing the Service using your account; (2) any actual or alleged violation of this Agreement or any applicable law, rule or regulation by you or any person accessing the Service using your account; or (3) any actual or alleged infringement or violation by you or any person accessing the Service using your account of any intellectual property, privacy right, or other right of any person or entity. You agree that Restaurant should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys� fees, unless such claims are based on our willful misconduct or gross negligence. Restaurant and its affiliates do not have any responsibility or liability to a subscriber of an app in any way with respect to the subscriber�s use of an app.

Links

This Service may, on occasion, provide links to a third party�s website. These links allow you to leave the Site, and we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every third party website that you visit. The linked website are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website. Restaurant is not responsible for examining or evaluating such website, does not warrant or endorse them, and is not affiliated with the offerings, content, or practices of any third party website.

Limitations of Liability

BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF Restaurant SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF Restaurant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED �AS IS� AND �AS AVAILABLE.� TO THE MAXIMUM EXTENT PERMITTED BY LAW, Restaurant, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER Restaurant NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER Restaurant INC NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, Restaurant EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

Miscellaneous

General Provisions

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Restaurant to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Restaurant is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law

This Agreement, and all other aspects of the use of the Service and the Restaurant website, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. You agree to submit to the exclusive jurisdiction of the state or Kansas courts located in or with responsibility for Denton County, Texas to resolve any disputes arising hereunder. ANY CAUSE OF ACTION BY USE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED.

Events Beyond Our Control

Restaurant will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Assignment

We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.

Survival

The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.

Non-Waiver

Failure by Restaurant to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Restaurant to insist upon strict performance hereof or any of its rights and remedies.

End-user Refund and Return Policy

Our clients (restaurants) are not obligated to offer any refund or return on food or items ordered from them via the Restaurant platform. Once food is ordered, the customer has the obligation to contact the restaurant from which they ordered to request a cancellation or refund of partial or all of their order. If they grant you, their customer, a refund or return, they will execute the refund or return from their merchant account. Restaurant may offer assistance with this transaction due via our customer support services.

Changes to this Agreement

Restaurant may change this Agreement from time to time. Any changes will be posted at the Terms of Use section of the Restaurant website (https://www.Restaurant.com/terms). Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Restaurant website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service.

Privacy

Lofty Pursuit’s is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Lofty Pursuit’s site and governs data collection and usage. By using the Lofty Pursuit’s site, you consent to the data practices described in this statement.
Collection of your Personal Information
Lofty Pursuit’s collects personally identifiable information, such as your email address, name, home or work address or telephone number. Lofty Pursuit’s also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by Lofty Pursuit’s . This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Lofty Pursuit’s for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Lofty Pursuit’s site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Lofty Pursuit’s public message boards, this information may be collected and used by others. Note: Lofty Pursuit’s does not read any of your private online communications.
Lofty Pursuit’s encourages you to review the privacy statements of Web sites you choose to link to from Lofty Pursuit’s so that you can understand how those Web sites collect, use and share your information. Lofty Pursuit’s is not responsible for the privacy statements or other content on Web sites outside of the Lofty Pursuit’s and Lofty Pursuit’s family of Web sites.
Use of your Personal Information
Lofty Pursuit’s collects and uses your personal information to operate the Lofty Pursuit’s Web site and deliver the services you have requested. Lofty Pursuit’s also uses your personally identifiable information to inform you of other products or services available from Lofty Pursuit’s and its affiliates. Lofty Pursuit’s may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Lofty Pursuit’s does not sell, rent or lease its customer lists to third parties. Lofty Pursuit’s may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Lofty Pursuit’s may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Lofty Pursuit’s , and they are required to maintain the confidentiality of your information.
Lofty Pursuit’s does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Lofty Pursuit’s keeps track of the Web sites and pages our customers visit within Lofty Pursuit’s , in order to determine what Lofty Pursuit’s services are the most popular. This data is used to deliver customized content and advertising within Lofty Pursuit’s to customers whose behavior indicates that they are interested in a particular subject area.
Lofty Pursuit’s Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Lofty Pursuit’s or the site; (b) protect and defend the rights or property of Lofty Pursuit’s ; and, (c) act under exigent circumstances to protect the personal safety of users of Lofty Pursuit’s , or the public.
Use of Cookies
The Lofty Pursuit’s Web site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Lofty Pursuit’s pages, or register with Lofty Pursuit’s site or services, a cookie helps Lofty Pursuit’s to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Lofty Pursuit’s Web site, the information you previously provided can be retrieved, so you can easily use the Lofty Pursuit’s features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Lofty Pursuit’s services or Web sites you visit.
Security of your Personal Information
Lofty Pursuit’s secures your personal information from unauthorized access, use or disclosure. Lofty Pursuit’s secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Lofty Pursuit’s will occasionally update this Statement of Privacy to reflect company and customer feedback. Lofty Pursuit’s encourages you to periodically review this Statement to be informed of how Lofty Pursuit’s is protecting your information.
Contact Information
Lofty Pursuit’s welcomes your comments regarding this Statement of Privacy. If you believe that Lofty Pursuit’s has not adhered to this Statement, please contact Jeri’s Midtown Cafe| 800-521-7465. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Collection of Data
Our site uses technologies of third-party partners [such as NextRoll] to help us recognize your device and understand how you use our site(s) so that we can improve our services to reflect your interests and serve you advertisements about the [products and/or services] that are likely to be of more interest to you. Specifically, [NextRoll] collect information about your activity on our site(s) to enable us to: 
• measure and analyze traffic and browsing activity on our site(s); 
• show advertisements for our products and/or services to you on third-party sites; 
• measure and analyze the performance of our advertising campaigns;
Cross-Device
We may share data, such as hashed email derived from emails or other online identifiers collected on our site(s) with [NextRoll]. This allows our partners to recognize and deliver you ads across devices and browsers. To read more about the technologies used by [NextRoll] and their cross device capabilities please refer to NextRoll’s Privacy Notice.
Opting-Out
Our partners [such as NextRoll] may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason you can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising: 
• The NAI’s opt-out platform: http://www.networkadvertising.org/choices/ 
• The EDAA’s opt-out platform: http://www.youronlinechoices.com/ 
• The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN