1) Acceptance of Terms
By accessing or using the website johnnysdiner.com, placing an order, or visiting our restaurant(s) (collectively, the “Services”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Services.
2) Changes to Terms
We may update these Terms from time to time. The updated version will be posted with a new effective date. Your continued use of the Services constitutes acceptance of the revised Terms.
3) Privacy
Your use of the Services is also subject to our Privacy Policy.
4) Eligibility & Accounts
You must be at least 13 years old to use the Services. If the Site offers user accounts or loyalty programs, you are responsible for keeping your credentials secure and for all activity under your account.
5) Online Ordering, Delivery & Third-Party Services
- Orders placed through the Site or third-party platforms ([DoorDash/Uber Eats/Toast/ChowNow—edit as applicable]) are offers to purchase menu items subject to availability and confirmation.
- Third-party platforms are independent services with their own terms and policies; we are not responsible for their acts or omissions.
- Estimated pickup/delivery times are not guarantees; delays may occur.
- Risk of loss passes to you upon pickup or delivery. Check your order promptly and contact us with any issues.
6) Pricing, Taxes, Fees & Promotions
- Prices, menu items, and promotions may change without notice and may vary by channel or location.
- Applicable taxes and fees (including delivery/service fees) will be added at checkout.
- We reserve the right to correct errors, including pricing mistakes, even after an order is submitted.
7) Cancellations, Refunds & Customer Care
- Because food is perishable and prepared to order, all sales are generally final once preparation begins.
- If there is an issue (e.g., incorrect or missing items), contact us promptly at info@johnnysdiner.com. Remedies may include a replacement item, credit, or refund at our discretion.
- Catering deposits and event holds may be subject to separate written terms.
8) Allergens & Nutritional Information
Our kitchen handles common allergens. We do not guarantee an allergen-free environment. If you have a severe allergy, please inform us before ordering and review item information carefully.
9) Gift Cards & Loyalty
- Gift cards are not redeemable for cash (except as required by law), cannot be replaced if lost or stolen, and may be subject to separate terms.
- Loyalty or rewards programs, if offered, may change or end at any time with or without notice.
10) Acceptable Use
You agree not to: (a) misuse the Services; (b) interfere with the Site’s operation; (c) attempt to access data without authorization; (d) use the Services for fraudulent or unlawful purposes; or (e) submit illegal, infringing, or harmful content.
11) Intellectual Property
The Site and its contents (including text, images, logos, and designs) are owned by Johnny’s Diner or its licensors and are protected by law. You receive a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes.
12) Reviews & User Content
If you submit reviews, comments, or other content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the Services. You represent that you own or control the rights to the content you submit.
13) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JOHNNY’S DINER OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US FOR THE ORDER GIVING RISE TO THE CLAIM.
15) Indemnification
You agree to defend, indemnify, and hold harmless Johnny’s Diner and its affiliates from any claims, damages, and expenses arising from your use of the Services or your violation of these Terms.
16) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, except where applicable law provides otherwise. Before filing a claim, both parties will attempt in good faith to resolve the dispute informally.
17) Termination
We may suspend or terminate access to the Services at any time for any reason. Upon termination, your right to use the Services will cease immediately.
18) Severability & Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. These Terms constitute the entire agreement between you and Johnny’s Diner regarding the Services.
19) Contact
Questions about these Terms? Email info@johnnysdiner.com
