App Terms of Use
Updated: March 2026
These Terms of Use apply to your access to, and use of, all or part of The Cheesecake Factory Mobile Application (the “Application”) of The Cheesecake Factory or its subsidiaries and affiliated companies (collectively, “The Cheesecake Factory”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with The Cheesecake Factory for products, services or otherwise.
PLEASE CAREFULLY REVIEW THESE TERMS OF THIS APPLICATION. BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APPLICATION, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THESE TERMS; (II) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER (OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION); AND (III) ACCEPT AND ACCEPT TO BE BOUND BY THESE TERMS. DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING OUR LIABILITY TO YOU (SECTION 18) AND REQUIRING RESOLUTION OF DISPUTES WITHOUT JURY TRIAL AND ON AN INDIVIDUAL NON-CLASS BASIS (SECTION 14).
These Terms include an arbitration agreement (Section 14) that governs any disputes between you and The Cheesecake Factory This arbitration agreement and other provisions will:
• Eliminate your right to a trial by jury to the extent allowable under applicable law; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation.
These Terms govern any updates to the Application, unless such updates indicate separate terms will apply. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms within the Application or by posting revisions on the Application. We may periodically change these Terms, so please check them from time to time as your continued use of the Application signifies your acceptance of any changed terms. In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Application (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. Eligibility
The Application is not targeted towards, nor intended for use by, anyone under the age of 16. YOU MUST BE AT LEAST AGE 16 TO ACCESS AND USE THE APPLICATION. If you are between the ages of 16 and 18, he or she may only use the Application under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.
In order to participate in certain areas or use certain functions of our Application, you may need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify The Cheesecake Factory if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
2. Privacy
Please read the Privacy Policy carefully to understand how The Cheesecake Factory collects, uses and discloses personally identifiable information from you. By downloading, installing, accessing or using the Application, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.
3. Email Communications, Push Notifications, and In-App Messages
If you sign up for a Cheesecake Factory account using the Application, you, by default, opted in to receive promotional email communications from The Cheesecake Factory (“Email Communications”). You may, at the time of sign up, opt out of receiving Email Communications from The Cheesecake Factory. Thereafter, you may opt out of receiving Email Communications by going to section 6 of our Privacy Policy.
Similarly, upon download of this Application, you are provided the option to opt in to receive push notifications from The Cheesecake Factory on his or her Application’s settings. This may include promotional communications, offers, and system messages. You may, at any time following download of this Application, opt out of receiving Push Notifications by turning the switch within the Application settings to “off”, or within the Device’s settings application to completely opt out of Push Notifications. Opting out of Push Notifications will not affect your settings with respect to Email Communications.
Finally, by using this Application, in-app messages will automatically be displayed to you via the Application’s display tiles, including promotional communications and offers. If you do not wish to see or receive such messages, you must cease use of the Application.
4. COPYRIGHT AND TRADEMARKS
All contents and materials on this Application are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by The Cheesecake Factory or by other parties that have licensed their material to us. Notwithstanding the foregoing, The Cheesecake Factory makes no claims of ownership to “Skinnylicious” in Canada and any reference to “Skinnylicious” on the Application is for purposes outside of Canada. You may not use, copy, republish, duplicate, distribute, upload, download, frame, or use any of the contents or materials on this Application without The Cheesecake Factory’s express written consent. All rights not expressly granted are reserved.
5. USER LICENSE
Your use of the contents, features, functionality (including but not limited to all information, software, source code, databases, text, displays, images, photographs, video, audio, functionality, website designs, and graphics and the design, selection, and arrangement thereof), and materials included on this Application (collectively, “Content”) is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the Contents of this Application in any way. You acknowledge that unauthorized use of the Contents from this Application could cause irreparable harm to The Cheesecake Factory, and that in the event of an unauthorized use The Cheesecake Factory shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity. The Cheesecake Factory grants you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only, in accordance with these Terms (“User License”). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith with these Terms.
6. USE OF THIS APPLICATION
You agree to comply with all applicable national, federal, state, and local laws, statutes, ordinances, and regulations while using the Application. As a user of the Application, you agree not to: (i) use the Application or Content for any political or commercial purposes; (ii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Application; (ii) engage in any activity in connection with the Application that The Cheesecake Factory deems to be harmful, offensive, obscene, harassing, threatening, abusive, or otherwise objectionable; (iii) interfere with any person or entity’s use or enjoyment of the Application; (iv) infringe any intellectual property or other right of any third part; (v) interfere with the proper operation of the Application or its security feature; or (vi) otherwise violate these Terms.
7. ACCOUNT CREATION
Certain features within the Application may require the creation of an account by providing your name, email address, password, zip code, and phone number (“User Account”). You represent and warrant that, at the time of submission, the information you provided to create a User Account is true, accurate, current, and complete.
If you create a User Account, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your User Account.
We reserve the right to, with or without prior notice, suspend, terminate, and delete your User Account and access to the Application for any reason, in our sole discretion, if you have violated these Terms. Upon termination of your access to the Application, or upon notice from The Cheesecake Factory, all rights granted to you under these Terms, including the User License, will cease immediately, and you shall immediately discontinue use of the Application.
8. USER SUBMISSIONS
The Application may allow you to create, submit, post, display, transmit, perform, publish, or distribute content and materials, including but not limited to text, writings, photographs, graphics, comments, or suggestions (collectively, “User Submissions”). You agree that you are and shall remain solely responsible for any User Submissions that you submit, and that you will not submit material that are unlawful, defamatory, abusive or obscene. You further agree that you User Submissions will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
You hereby grant to The Cheesecake Factory, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any User Submissions that you submit via the Application. The Cheesecake Factory does not endorse any User Submissions. Nothing in these Terms shall obligate The Cheesecake Factory to use any User Submissions you submit.
The Cheesecake Factory does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when The Cheesecake Factory’s products or marketing strategies might seem similar to ideas submitted to The Cheesecake Factory. So, please do not send your unsolicited ideas to The Cheesecake Factory or anyone at The Cheesecake Factory.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your User Submission. You agree and warrant that: (i) the Cheesecake Factory will consider the User Submission to be non-confidential and non-proprietary; (ii) the Cheesecake Factory shall have no obligations concerning the User Submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any User Submission; (iii) the Cheesecake Factory may use or redistribute the User Submission or its content for any purpose and in any way it chooses; and (iv) the User Submission does not contain trade secrets or proprietary information owned by another.
9. LINKS
Some embedded content or links on this Application will redirect you to websites and or other applications not under the control of The Cheesecake Factory. The appearance of embedded content or a link on our Application does not imply The Cheesecake Factory's support or endorsement, nor is The Cheesecake Factory responsible for the quality, content, nature or reliability of information found on any embedded content or linked application and or website. When you visit other websites and/or applications via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party websites and applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website and or application to which you navigate from our Application. When you access linked applications and/or websites, you do so at your own risk.
10. ADDITIONAL MOBILE APPLICATION TERMS AND CONDITIONS
The Cheesecake Factory grants you a limited, non-exclusive, revocable, and nontransferable license to download the Application for your personal, non-commercial use on a mobile cellular device or tablet owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms.
Terms Specific to Apple Mobile Devices. If you are accessing or using our Application on any Apple, Inc. (“Apple”) Device, the following additional terms and conditions apply to you and are incorporated into these Terms by this reference:
a. You and The Cheesecake Factory acknowledge that these Terms of Use are between you and The Cheesecake Factory only, and not with Apple. The Cheesecake Factory, not Apple, is solely responsible for its Application, and the Content therein.
b. The license granted to you in this Section 8 is limited and non-transferable. The license is limited to use The Cheesecake Factory Application on any Apple-branded Device that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions these Terms, except that the Application may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions), volume purchasing or Legacy Contacts. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.
c. You and The Cheesecake Factory acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and The Cheesecake Factory is solely responsible for providing any maintenance and support services with respect to the Application that The Cheesecake Factory may offer (which, if provided, is provided in The Cheesecake Factory’s sole discretion).
d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Cheesecake Factory.
e. You and The Cheesecake Factory acknowledge that The Cheesecake Factory, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Application or your possession and/or use of our Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
f. You and The Cheesecake Factory acknowledge that, in the event of any third-party claim that the Application infringes that third party’s intellectual property rights, The Cheesecake Factory, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. You and The Cheesecake Factory 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.
Terms Specific to Android Mobile Devices. If you downloaded the Application through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the terms and conditions below apply to you and are incorporated into these Terms by this reference.
a. The license granted in this Section 8 is limited to accessing the Application by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group.
b. You acknowledge and agree that these Terms are between you and The Cheesecake Factory, and that Google is not a party to these Terms and Google is not responsible for providing support services for the Application.
c. If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
11. Additional Terms and Conditions
Certain features within the Application may be subject Additional Terms. If you purchase The Cheesecake Factory stored value cards (“The Cheesecake Factory Gift Cards” and or “Complimentary Cards”) while using the Application, please review The Cheesecake Factory Gift Card Terms of Use available at www.thecheesecakefactory.com/gift-cards for more information about the terms, conditions and policies that apply to your purchase.
If you register for The Cheesecake Factory ® Rewards (“Rewards Program”) program through the Application, please refer to The Cheesecake Factory Rewards Terms of Use, available at www.thecheesecakefactory.com/rewards-terms-and-conditions.
12. Mobile Features
The Application allows you to order online from participating The Cheesecake Factory location and pick up at the location. You must have a User Account before placing your online order. Certain products or services may be available exclusively online and may be limited in quantities. All descriptions of products or pricing may change at any time, and some products may discontinue. The display of a menu item does not mean that the menu item is available. Although we make a reasonable and good-faith effort to display and describe the menu items accurately and completely, we do not guarantee that the products, images, pricing, or descriptions displayed are accurate.
Minimum order amounts may apply for orders placed through the Application. All prices displayed on the Application are in U.S. Dollars for restaurant locations in the United States of America, including Puerto Rico, and in Canadian Dollars for restaurant locations in Canada and are valid and effective only at the restaurant location specified. The Cheesecake Factory reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on the Application.
You may use one of our mobile payment option to make your online order. You may use the following payment method when placing an order: The Cheesecake Factory gift card, credit card, debit card, or a mobile third-party digital wallet such as PayPal, Google Pay, or Apple Pay. By placing an order, you represent and warrant that (i) the payment details that you have provided are true, correct, and complete; (ii) that you are authorized to make a purchase with the relevant payment method; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.
When you place an order through the Application, The Cheesecake Factory will send you an order acknowledgment to the email address you provide. The Cheesecake Factory reserves the right at any time to (i) limit ordering options or the availability of certain products per each order; (ii) discontinue any or all of these Application features; (iii) change the location of markets or stores accepting these features; and/or (iv) change the ordering options and limitations for items available through these features. Any delivery, pickup, or preparation times displayed via the Application are estimates and do not represent a commitment or guarantee.
13. MODIFICATIONS TO THE APPLICATION
The Cheesecake Factory reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that The Cheesecake Factory will not be liable for any modification, suspension or discontinuance of the Application or any part thereof.
14. Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)
Please read this section carefully. To the extent allowed by applicable law, and subject to the limited exceptions described below, this section affects rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of litigation in a court. Arbitration can be more informal than proceedings in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your participation in Cheesecake Rewards, or your relationship with us. Except as otherwise provided below, any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Cheesecake Rewards, or your relationship with The Cheesecake Factory or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.
Pre-Dispute Notice and Informal Resolution Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to The Cheesecake Factory’s Customer Service department using the appropriate link. This link is as follows: https://www.thecheesecakefactory.com/connect/questions. Using this link will allow The Cheesecake Factory an opportunity to resolve the dispute (“Dispute Notice”). You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Arbitration Procedures. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules or AAA Mass Arbitration Supplementary Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with (i) for US residents: the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law; (ii) for Canadian residents: the Arbitration Act (Ontario). Any arbitration will be held in a reasonably convenient location in the state/province in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer does not accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.
Small Claims Court Remains Available. Notwithstanding anything in these Terms of Use to the contrary, for disputes within the jurisdictional limit of the small claims court in (i) the county encompassing the dispute for U.S. residents or (ii) the City of Toronto for Canadian residents, either you or we can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or we may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and AAA of that choice in writing. You and we agree that, after receiving notice from you or us that the claims shall be decided by a small claims court rather than in arbitration, AAA shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this Section 17.4 specifically shall be decided by a court rather than an arbitrator. Pending resolution of any such disagreements by a court, you and we agree that the arbitration shall be stayed. If the provisions in this paragraph are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
Waiver of Class Action, Class Arbitration, and Jury Trial. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of the Arbitration Section of these Terms of Use cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Terms of Use to the contrary, all disputes related to the enforceability and applicability of the waivers in this paragraph specifically shall be resolved by a court and not an arbitrator.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration or small claims court, either party may seek relief in a court of law (other than small claims court) for a claim arising under California’s Private Attorneys General Act.
Exception – Mass Arbitration. Notwithstanding anything in these Terms of Use or the AAA Mass Arbitration Supplementary Rules to the contrary, if we receive 25 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for us shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this paragraph are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
15. JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Application shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
16. INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Cheesecake Factory, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Application; (ii) your violation of these Terms; (iii) your violation of any rights of any third party; (iv) your violation of any laws, rules, regulations, codes, statues, ordinances, or orders; (v) your User Submissions, or (vi) any misrepresentation made by you in connection with the Application. The Cheesecake Factory reserves the right to assume, at your expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with The Cheesecake Factory’s defense of any claim. You will not settle any claim without the prior written consent of The Cheesecake Factory.
17. WARRANTIES AND DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CHEESECAKE FACTORY IS PROVIDING THE APPLICATION TO YOU “AS IS” AND “AS AVAILABLE”. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. WITHOUT LIMITATION, THE CHEESECAKE FACTORY MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Product and other information, including pricing, availability, and other information made available on the Application are subject to change at any time without notice to you and may not be accurate, complete, current or reliable. While we make reasonable efforts to ensure that the information on the application is accurate and timely information, there may be occasions when information on this Application may include omissions, technical inaccuracies, or typographical errors. The Cheesecake Factory reserves the right to correct any errors and to update information on the Application at any time.
18. NO LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE CHEESECAKE FACTORY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE APPLICATION, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE CHEESECAKE FACTORY), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CHEESECAKE FACTORY’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.
EVEN IF THE CHEESECAKE FACTORY IS NEGLIGENT OR IF THE CHEESECAKE FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE CHEESECAKE FACTORY SHALL NOT BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. THE CHEESECAKE FACTORY'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY WHILE USING THIS APPLICATION.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
19. Third Party Content, Applications, Products and Services (including Advertising and Promotions)
The Cheesecake Factory may provide third party content in the Application (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in such services or information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by The Cheesecake Factory of any application or site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that The Cheesecake Factory is not responsible or liable in any manner for any Third-Party Content or services provided by such third parties, and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content or services contained therein at your own risk. When you use or visit other applications or sites via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party applications or sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application or site to which you navigate from our Application. You must comply with any applicable third-party terms when using the Application.
20. ENTIRE AGREEMENT; ASSIGNMENT
These Terms reflect our complete agreement regarding the Application and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Application. The Cheesecake Factory may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of The Cheesecake Factory.
21. SEVERABILITY
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
22. WAIVER
Failure or delay by The Cheesecake Factory to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by The Cheesecake Factory of any provision shall be deemed to have been made unless made in writing.
23. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to resolve any complaint by following our dispute resolution process or to contact us by phone at 818-871-3281, or send a letter to us at 26901 Malibu Hills Road, Calabasas Hills, California, USA 91301. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
24. ELECTRONIC COMMUNICATIONS
We may communicate with you electronically with regard to the Application, including by email, and we may collect information related to communications between you and The Cheesecake Factory. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Application, your action is intended as an electronic signature which binds you as if you had signed on paper.
25. CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at: CONTACT US