Terms and Conditions of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.   

 

Effective date: June 1, 2015

Welcome to The Melt.  Please read on to learn the rules and restrictions that govern your use of our websites (including without limitation themelt.com and themeltcaters.com), products, services and applications (the “Services”).  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@themelt.com , 1.877.250.6358, or 925 Market Street, San Francisco, CA 94103.

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These Terms of Use (the “Terms”) are a binding contract between you and Fish Six Restaurant Corp. (“The Melt,” “we” and “us”).   You must agree to and accept all of the Terms, or you don’t have the right to use the Services.  Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy at themelt.com/privacy.

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Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services.  We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the themelt.com website, and/or by some other means.

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If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

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What about my privacy?

The Melt takes the privacy of its users very seriously.  For the current The Melt Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.  We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us.  If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.  If you believe that a child under 13 may have provided us personal information, please contact us at info@themelt.com.

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What are the basics of using The Melt?

You may be required to sign up for an account, and select a password and user name (“Melt User ID”). You may be required to create more than one Melt ID, depending on the type of Services you use.  You promise to provide us with accurate, complete, and updated registration information about yourself.  You may not select as your Melt User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

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You represent and warrant that you are 18 years or older.  If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.  We can’t and won’t be responsible for your using the Services in a way that breaks the law.

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You will not share your account or password with anyone, and you must protect the security of your account and your password.  You’re responsible for any activity associated with your account.

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Your use of the Services is subject to the following additional restrictions:

1. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

2. Infringes or violates the intellectual property rights or any other rights of anyone else (including The Melt);

3. Violates any law or regulation, including any applicable export control laws;

4. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

5. Jeopardizes the security of your The Melt account or anyone else’s (such as allowing someone else to log in to the Services as you);

6. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

7. Violates the security of any computer network, or cracks any passwords or security encryption codes;

8. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

9. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

10. Copies or stores any significant portion of the Content;

11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

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What are my rights in The Melt?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including The Melt’s) rights.

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You understand that The Melt owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

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The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

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Do I have to grant any licenses to The Melt?

“User Submissions” means anything you upload, share, store, or otherwise provide through the Services, or any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services you provide us (in a direct email or otherwise).    You grant The Melt a license to display, perform, distribute, translate, modify, reproduce and otherwise act with respect to or use and exercise all rights in your User Submissions, in each case to enable us to operate the Services, as well as in connection with The Melt’s business; provided that The Melt’s use of any User Submission that constitutes Personal Information shall be treated in accordance with our Privacy Policy. This is a license only – your ownership in User Submissions is not affected.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.

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Who is responsible for what I see and do on the Services?

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

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You are responsible for all Content you contribute, in any manner, in connection with the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current.  You are responsible for all your activity in connection with the Services.

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The Services may contain links or connections to third party websites or services that are not owned or controlled by The Melt. When you access third party websites or use third party services, you accept that there are risks in doing so, and that The Melt is not responsible for such risks.  We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

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The Melt has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, The Melt will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

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If there is a dispute between participants on this site, or between users and any third party, you agree that The Melt is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release The Melt, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

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What do I need to know about using the Melt Card?

The Melt Cards include: (1) physical plastic cards that are available for purchase in all Melt restaurant locations and (2) digital forms of such cards that are available through the The Melt mobile app.

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The Melt Card allows you to load certain dollar for future purchases at The Melt restaurant locations and through the Services.  The dollar value that you load onto your Melt Card is a prepayment only for the goods available at The Melt restaurant locations and via the Services. No credit card, credit line, overdraft protection or deposit account is associated with a Melt Card.  Unless otherwise required by law or permitted by this agreement, any amount on your Melt Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Melt Card will accrue or be paid or credited to you by The Melt. The value associated with the Melt Card is not insured by the Federal Deposit Insurance Corporation (FDIC).

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We reserve the right not to accept any Melt Card or otherwise limit use of a Melt Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

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A Melt Card account is automatically assigned to all online Melt accounts.  When adding a physical Melt Card to your Melt account, any cash and / or earned rewards on that card will be applied to the Melt Card within your Melt account.  The physical Melt Card remains active and connected to the Melt Card within your Melt account.  As such, the physical Melt Card should be treated like cash.

You can add a dollar value to the Melt Card by using a credit card, debit card or cash by visiting any Melt restaurant locations or through the Services. You may not carry more than $300 worth of value to your Melt Card at any time. The Melt may change the maximum and minimum amounts at any time by notifying you at the point of sale or on the The Melt websites.

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The Melt does not charge any fees for the issuance, activation or use of your Melt Card. The dollar value on your Melt Card has no expiration date.  Please note, however, that if you have not redeemed the value of your Melt Card for a certain period of time after such value was added, applicable law may require us to remit such value to the state in which the purchasing user or the recipient user of the Melt Card was or is located, or the state in which The Melt is incorporated. This time period will vary from state to state; it may be as short as one year. Accordingly, please remember to use your Melt Card value in a timely manner. You release The Melt from any liability in connection with its compliance with laws applicable in this regard.

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Holders of the Melt Cards are not sent statements of itemized transactions from a Melt Card account. You can check the balance of your Melt Card at any Melt restaurant locations or through the Services. You will need to have your digital or physical Melt Card available in order to access your account. The account balance for a Melt Card also will appear on your receipt from a point-of-sale register. You should keep your receipts and check your online statement to ensure that your account balance is correct.

What do I need to know about the Melt Perks Program?

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Through the Melt Perks programs, The Melt endeavors to reward and thank loyal customers for patronizing our business. Please refer to the webpage themelt.com/meltcard for more details about The Melt Perks Programs. A Melt Card is required to participate in the Melt Perks programs.

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The Melt may, but has no obligation, to grant you any Perks free of charge. “Perk” means any goods, products, credit, value, or the like granted to you by The Melt in connection with the Melt Perks programs (for example, a free meal or a free product provided by The Melt). Perks may only be valid for a limited period of time, so please take note of any applicable expiration dates, and use your Perks in a timely manner.  A Perk is not cash or a cash equivalent (unlike the dollar value you add to your Melt Card using a credit card) and cannot be redeemed for cash or cash equivalents. You may not transfer your Perks to another individual unless otherwise required by applicable laws.

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The Melt reserves the right to change, modify and/or eliminate Melt Perks and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these Terms).  The Melt reserves the right to terminate your participation in the Melt Perks program if The Melt determines in its sole discretion that you have violated these terms or that the use of your Melt account is unauthorized, deceptive, fraudulent or otherwise unlawful.  The Melt also reserves the right to “unregister” and make ineligible for the Melt Perks program any Melt Card that has been inactive for two (2) consecutive years.

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Will The Melt ever change the Services?

We’re always trying to improve the Services, so they may change over time.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

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Does The Melt cost anything?

Your access and use of the Services are currently free, but if you choose to purchase goods or services (including a Melt Card) through the Services, you will be charged the listed price for such good or service, to the credit card or other payment method you provide in your Melt account (including, e.g. PayPal, Apple Pay, or Google Pay), or to the digital Melt Card that is connected to your Melt account. For purchasing anything from the Melt restaurant menu, you can place an order from your Melt account through the Services, and you will receive an email confirming your order, which includes a QR code for you to scan in restaurant for pick-up.  We won't charge your credit card until you scan your QR code at one of The Melt stores.  The Melt may limit or cancel quantities of product purchased, and it reserves the right to refuse any order.  In the event The Melt needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided in your Melt account or at the time the order was made.  The prices displayed on the Melt websites are quoted in U.S. currency.  Prices are subject to change at any time.  Sales tax will be determined by The Melt and automatically be added to the order.  If you provide inaccurate or incomplete credit card information, we may not be able to complete your transaction, and your purchase may be cancelled or delayed. 

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We reserve the right to charge for certain or all Services in the future.  We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. 

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Please refer to our FAQ webpage (themelt.com/faq) for additional information that applies to purchases made through the Services.

What if I want to stop using my Melt account?

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You’re free to cancel your Melt account at any time, by submitting a request for cancellation at the webpage at themelt.com/contact; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

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The Melt may keep historical records of your Melt account, including your accumulated Perks and remaining dollar value in your Melt Card account.  You understand and agree that you will not be able to access your accumulated Perks or your Melt Card account after you cancel your Melt account.  If you wish to reinstate your Melt account, you can contact us at info@fishsixrc.com .  We will restore your Melt account and the remaining dollar value in your Melt Card account, and we will try to make your accumulated Perks available to you but we can’t promise that all accumulated Perks will still be available.  All of the foregoing is subject to the restrictions and limitations set forth herein with respect to the Melt Perks Program and the Melt Card.

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The Melt is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. The Melt has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

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Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

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Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

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I use the Melt App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

1. Both you and The Melt acknowledge that the Terms are concluded between you and The Melt only, and not with Apple, and that Apple is not responsible for the Application or the Content;

2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

3. You will only use the Application in connection with an Apple device that you own or control;

4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

5.  In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

6. You acknowledge and agree that The Melt, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, The Melt, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

8.  You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

9. Both you and The Melt acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

10. Both you and The Melt acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

 

What else do I need to know?

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Warranty Disclaimer.

Neither The Melt nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.  Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from The Melt or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY THE MELT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Limitation of Liability. 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE MELT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THE MELT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

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Indemnity.

To the fullest extent allowed by applicable law, You agree to indemnify and hold The Melt, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.  

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without The Melt’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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Choice of Law; Arbitration.

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

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Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that The Melt may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and The Melt agree that these Terms are the complete and exclusive statement of the mutual understanding between you and The Melt, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Melt, and you do not have any authority of any kind to bind The Melt in any respect whatsoever.  Except as expressly set forth in the section above regarding the Apple Application, you and The Melt agree there are no third party beneficiaries intended under these Terms.