Portillo’s Hot Dogs, LLC (“Portillo’s,” “we,” or “us”) welcomes you to our internet and mobile websites (“Websites”), Portillo’s mobile application (“App”), and other tools (Websites, App, and other tools collectively referred to as the "Sites"). Before you use the Portillo’s Sites, download the App, or use any other tools, please read the following rules and understand that when you use the Sites, it means that you agree to follow the guidelines and conditions outlined below (the "Terms and Conditions").
Modifications to Terms and Conditions
From time to time, the Terms and Conditions of the Sites may change at Portillo’s sole discretion, and any changes are effective immediately when posted on the Sites. Your continued use or access of the Sites indicates your acceptance of the revised Terms and Conditions. You should periodically review the Terms and Conditions to stay informed as to any revisions that may be applicable to your use of the Sites.
What The Portillo’s Sites Contain
Our Sites contain information about our various concepts, including Portillo's Hot Dogs, Barnelli’s Pasta Bowl and Portillo’s Home Kitchen, as well as current promotions, contests, and all things Portillo’s. Check out the locations nearest you. You can also obtain information about working for Portillo's! When visiting our Website, don’t forget to browse our Shop & Ship section and order some favorite items to ship to your friends. Be sure to visit us in person to discover the great food and quality service that put Portillo’s in a class by itself!
Use of Materials on The Sites
Unless otherwise noted, Portillo’s owns or controls the copyrights and trademarks for all the photographs, illustrations, designs, icons, logos and written material (the "Contents") appearing on the Sites. The Sites as a whole are also protected by copyright and trademark laws.
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Portillo’s Sites are registered and unregistered Trademarks of Portillo’s Hot Dogs, LLC, its affiliates and others.
You may view, copy, display, print, or download the Contents and any downloadable materials in temporary storage on your computer for your own PERSONAL, NONCOMMERCIAL USE ONLY. You have no rights, title, or interest to any Contents or materials you download. You may NOT reproduce, distribute, change, display, re-create, publish, re-post, transmit, sell or otherwise use the Contents of the Sites without the prior written permission of Portillo’s, which permission may be withheld in Portillo’s sole discretion. Any unauthorized use of the Trademarks, images, photographs, illustrations, or Contents may violate these Terms and Conditions, as well as copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed through the Sites, please notify Portillo’s immediately at the following address: 2001 Spring Road, Suite 400, Oak Brook, IL 60523. Attention: Legal Department.
You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. You understand that engaging in this behavior may subject you to criminal and/or civil liability. Portillo’s reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time and for any reason without notice. Termination of your access or use will not waive or affect any other right or relief to which Portillo’s or any of its affiliates may be entitled at law or in equity.
Your Communications to Portillo’s
Portillo’s Birthday Club Offer Terms
The following limitations apply to the Portillo’s Birthday Club offers:
▪ Email birthday offer must be printed and presented or shown on mobile device at time of order.
▪ Guest must present photo ID to confirm birth date at time of placing order upon request.
▪ Offer has no cash value and is non-transferable.
▪ Offer can only be used once.
▪ Offer cannot be used in conjunction with any other offers, discounts, or coupons.
▪ Offer is available for dine-in orders, orders placed in the drive-thru, orders placed on the Website or through the App.
▪ Offer good only on the birthday shown on the email and expires after that date.
▪ Valid email address required to receive Portillo’s emails and offers.
▪ Offers are subject to change and may be modified or discontinued at any time.
▪ Guests may opt out of receiving Portillo’s Birthday Club emails and other offers from Portillo’s by unsubscribing. To unsubscribe, click on the unsubscribe link included in the email you receive from Portillo’s. Please note that unsubscribing from emails from Portillo’s will result in the removal of you and any children or others you have registered from Portillo’s Birthday Club, and anyone removed will no longer receive Portillo’s Birthday Club offers and other email offers from Portillo’s.
Portillo’s makes no representations or warranties about the Sites and the information contained therein. Your use and browsing of the SiteS is at your own risk.
We DO NOT WARRANT THAT THE SITES, MATERIALS CONTAINED THEREIN, or servers that make the sites and material available, WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE cORRECTED, OR THAT USE OF THE SITES or any third party websites will allow you to obtain any particular results whatsoever.
without limiting the foregoing, everything on portillo’s sites is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and all such warranties are expressly disclaimed to the fullest extent allowed by applicable law.
Please note that some jurisdictions may not allow the excluding of implied warranties, so some of the above exclusions may not apply to you.
Limitation on Liability
IN NO EVENT SHALL PORTILLO’S OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR A THIRD PARTY’S, USE OF, OR ACCESS TO, THE PORTILLO’S SITES, REGARDLESS OF WHETHER PORTILLO’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT APPLICABLE LAW DISALLOWS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PRECEDING LIMITATION ON LIABILITY MAY NOT APPLY TO YOU. IN THAT EVENT, PORTILLO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THE SITES OR $100, WHICHEVER IS LESS.
Portillo’s has not reviewed all of the websites that have linked themselves to the Portillo’s Sites and is not responsible for the contents of any non-Portillo’s pages or websites, or any other sites linked to the Sites. The inclusion of any link to such sites does not imply that Portillo’s endorses or supports the sites. Your linking to any other off-site pages or other sites is at your own risk. If you want to link to the Portillo’s Sites, you should contact firstname.lastname@example.org before creating that link so the site may be previewed and approved by Portillo’s. Portillo’s does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted only upon Portillo’s prior written approval and must be made to the Site home page at http://www.portillos.com rather than to any other specific pages within the Site.
Special Shop & Ship Provisions
Additional terms and conditions may apply if you plan to place an order online. Please review these provisions prior to placing your order.
- Taxes and Shipping
You shall be responsible for the payment of all sales, use, and similar taxes, and shipping and handling charges relating to the purchase of products from Portillo's online E-Store.
Orders may be canceled by phone at (630) 851-5151, or by fax to (630) 851-1240 at least two (2) business days prior to the ship date. All cancellation requests must include the billing name and order number. Although we will make every effort to process your cancellation request, an order cannot be cancelled once it has been prepared for shipment or sent out for delivery.
- Delivery Dates
The delivery of E-Store products is handled by UPS. Since delivery may be affected by weather or labor conditions beyond UPS’s control, neither UPS nor Portillo’s can guarantee delivery dates.
Online Orders Using Mobile App
Portillo’s may make available to you the opportunity to place an order online using the App. These Terms and Conditions apply equally to orders placed online using the App. Minimum order amounts may apply. In addition, there may be limits on the dollar value and number of orders that may be placed online using the App. Discounts, coupons and other offers may not be able to be combined with online ordering. Any applicable delivery fees, taxes and other amounts due in connection with an online order will be identified when the order is placed. You are responsible for payment of your order by means of a payment option made available through the App at the time of ordering. Portillo’s uses third party vendors and may accept various third party services to process payments, to perform data analysis, audits, fraud prevention and monitoring, and to improve and expand our business activities. The Portillo’s location identified when you place your online order is responsible for fulfilling your order and for any questions or other communications regarding your order. Every participating location may not have all menu items identified in the App. Additional details about online ordering are available at www.portillos.com.
Portillo’s Gift Cards
Portillo’s Gift Cards are issued by PHD Card Services, LLC, a Florida limited liability company and affiliate of Portillo’s. PHD Card Services, LLC is authorized to issue Portillo’s Gift Cards for sale by and redemption at participating Portillo’s restaurants in the United States. PHD Card Services, LLC is solely responsible for the operation and maintenance of Portillo’s gift card program, and PHD Card Services, LLC is the sole legal obligor for all gift cards. Portillo’s and its affiliates (other than PHD Card Services, LLC) have no liability, responsibility, or obligation for any Portillo’s gift cards, and in addition to the indemnity obligations below, you knowingly release and hold harmless Portillo’s and its affiliates (other than PHD Card Services, LLC) from and against any and all liability or claims of any nature whatsoever arising in connection with Portillo’s gift cards.
You agree to indemnify, defend, and hold harmless Portillo’s and all of its officers, directors, members, employees, and agents from and against any and all claims, suits, demands, proceedings, damages, losses, costs (including reasonable attorney’s fees), and expenses arising directly or indirectly out of or from your breach of these Terms and Conditions, and/or your activities in connection with your use of the Sites, your Comments, and your use of all other materials, features, or services made available through the Sites. Portillo’s reserves, and you grant us, the right to assume the exclusive defense and control of any claims subject to your indemnification obligations hereunder.