These Terms & Conditions ("Terms") govern your access to and use of the website located at https://stewartsdriveinburlington.com (the "Site"), operated by Stewart's Drive In Burlington, Inc., doing business as Stewart's Drive In ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Table of Contents
- Use of the Site
- Intellectual Property
- Menu, Pricing, and Availability
- Food Allergen and Health Notice
- Phone and Online Orders
- SMS Messaging Terms & Conditions
- Email and Other Communications
- Third-Party Links and Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing Law
- Changes to These Terms
- Contact Us
Use of the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You agree not to:
- Use the Site in any way that violates applicable law or regulation;
- Attempt to gain unauthorized access to the Site, its servers, or any connected systems;
- Use any automated means (bots, scrapers, spiders) to access or collect content from the Site;
- Interfere with or disrupt the operation of the Site;
- Copy, reproduce, or exploit any portion of the Site for commercial purposes without our written permission; or
- Impersonate any person or misrepresent your affiliation with any person or entity.
Intellectual Property
The Site and its content, including text, images, logos, menu descriptions, and graphics, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws. The Stewart's name and associated marks are used under applicable rights. Nothing in these Terms grants you any right to use our trademarks or content except as needed to view the Site.
Food Allergen and Health Notice
Our food is prepared in a kitchen that handles common allergens, including but not limited to milk, eggs, wheat, soy, peanuts, tree nuts, fish, and shellfish, and items may be cooked in shared fryers and prepared on shared surfaces and equipment. We cannot guarantee that any menu item is free of any allergen. If you have a food allergy or sensitivity, please inform us before ordering; however, you acknowledge that cross-contact may occur and that you order at your own risk.
CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS.
Nutritional and ingredient information, where provided, is approximate and based on standard recipes; actual values may vary.
Phone and Online Orders
Orders may currently be placed by phone for pickup. If and when we offer online ordering through the Site, the following additional terms will apply:
- You agree to provide accurate, current, and complete information when placing an order.
- All prices are in US dollars; applicable sales tax will be added. We may change prices at any time and may correct pricing errors even after an order is placed.
- Payments are processed by third-party payment processors; we do not store your full payment card information.
- We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud or unavailability.
- If there is a problem with your order (missing, incorrect, or unsatisfactory items), contact us promptly and we will work to make it right, which may include a replacement, credit, or refund at our discretion.
SMS Messaging Terms & Conditions
6.1 Program Description and Message Types
Stewart's Drive In Burlington, Inc. operates an SMS messaging program for customers who have expressly opted in to receive text messages from us. Messages sent under this program may include:
- Order confirmations and order-ready or pickup-ready notifications
- Updates or corrections regarding an order you have placed
- Responses to customer service inquiries you initiate
- Seasonal hours, opening and closing announcements, and closure notices
- Promotional messages, special offers, and menu or event announcements, sent only to customers who have opted in to marketing messages
We do not send messages related to any prohibited content category, including but not limited to loans, cannabis, tobacco, alcohol sales, firearms, gambling, or high-risk financial offers.
6.2 How You Opt In
You may opt in to our SMS program in any of the following ways:
- Completing the form at https://stewartsdriveinburlington.com/sms-opt-in, which includes a dedicated, unchecked consent checkbox that you must affirmatively check to enroll;
- Providing your mobile number when placing a phone or pickup order and agreeing to receive text messages, which we document at the time consent is given; or
- Texting a keyword such as JOIN or START to the number we provide, where applicable.
By opting in, you consent to receive recurring automated transactional and, where selected, marketing text messages at the mobile number you provide. Consent to receive marketing text messages is not a condition of purchase and is not required to buy any product or service from us. By opting in you also confirm that you are the owner of, or an authorized user of, the mobile number provided.
6.3 Opting Out (Cancellation)
You can cancel the SMS service at any time. Simply text the word STOP to the same number that sent you the message. After you send STOP, we will send you a single confirmation message acknowledging that you have been unsubscribed. After that confirmation, you will receive no further SMS messages from us.
We also honor the keywords END, CANCEL, UNSUBSCRIBE, and QUIT.
If you would like to rejoin the program, sign up again as you did originally, and we will resume sending SMS messages to you.
6.4 Help and Support
For help, text the word HELP to the number that sent you the message, and you will receive a reply with our contact information. You may also reach us directly:
- Email: stewartsdriveinburlington@comcast.net
- Phone: (609) 386-0106 during regular business hours
6.5 Message Frequency
Message frequency varies based on your interaction with us and your order activity. Transactional messages are sent as needed in connection with your orders and inquiries. Marketing messages are sent no more than 4 times per month, and are generally limited to our seasonal operating period of approximately March through October.
6.6 Message and Data Rates
Message and data rates may apply for any messages sent to you from us and to us from you. Standard message and data rates from your wireless carrier apply to all messages under this program. For questions about your text plan or data plan, please contact your wireless provider.
6.7 Carrier Liability
Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your wireless carrier and is outside our control. We do not guarantee that any message will be delivered.
6.8 Supported Carriers
Our SMS program is supported by all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, and most regional carriers. Carrier participation may change without notice.
6.9 Age Restriction
You must be 18 years of age or older to opt in to and participate in our SMS program. By providing your mobile number and consenting to receive messages, you represent and warrant that you are at least 18 years old and that you are the account holder for, or have authority from the account holder to use, the mobile number provided.
6.10 Privacy
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors performing support services, such as customer service or messaging platform providers, is permitted. All other use and handling of your information is governed by our Privacy Policy.
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA messaging guidelines, regarding the use of SMS communications.
Email and Other Communications
By providing your email address through the Site or by contacting us, you consent to receive communications from us related to your inquiry or order. Marketing emails are sent only with your consent and include an unsubscribe link. You can opt out of marketing communications at any time.
Third-Party Links and Services
The Site may contain links to third-party websites or services (such as maps, social media, review platforms, or ordering partners). We are not responsible for the content, policies, or practices of any third party. Your use of third-party sites and services is at your own risk and subject to their terms.
Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITE OR AN ORDER WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE ORDER GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
Nothing in these Terms limits liability for personal injury caused by our negligence or for any liability that cannot be limited under applicable law.
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your misuse of the Site or your violation of these Terms.
Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute arising from these Terms or the Site shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to the jurisdiction of such courts.
Changes to These Terms
We may update these Terms from time to time. The updated version will be indicated by the "Last updated" date at the top. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Contact Us
Questions about these Terms? Contact us at:
Stewart's Drive In Burlington, Inc.
4524 U.S. 130
Burlington Township, NJ 08016
United States
Phone: (609) 386-0106
