Terms of Service.

These Terms of Service ("Terms") govern your use of the website at tasteofmidland.shop (the "Site") and any orders or reservations you place through it. The Site is operated by The Taste of Midland, a Michigan restaurant located at 3001 S Saginaw Rd, Midland, MI 48640 ("we," "us," "our"). By using the Site, you agree to these Terms.

1. Acceptance of terms.

By accessing or using the Site, you confirm that you are at least 13 years old and that you agree to be bound by these Terms and by our Privacy Policy and Refund Policy, which are incorporated into these Terms by reference. If you do not agree, please do not use the Site.

2. About the Site.

The Site provides information about our restaurant, our menu, our hours, and our services. It also allows you to place takeout orders for in-person pickup, request reservations, submit catering and event inquiries, contact us, and subscribe to our newsletter. The Site is not a delivery service — we do not deliver food.

3. Menu, pricing, and availability.

We try to keep the menu and prices on the Site accurate, but menu items, prices, ingredients, and availability can change without notice. In particular:

• Prices shown on the Site do not include sales tax, which is added at pickup.
• Some items are seasonal or limited and may be unavailable when you order.
• Photographs are illustrative — the actual plating of your dish may differ.
• We reserve the right to correct pricing errors on the Site or at pickup, and to cancel an order affected by a pricing error.

If we discover a pricing error after you have submitted an order but before we have begun cooking, we will contact you to confirm before proceeding.

4. Online takeout orders.

When you place an order through the Site:

• You are placing a request for us to prepare the items listed in your order, for pickup at the time you select.
• Your order is not confirmed until our server accepts it. If there is a problem — an item is unavailable, the pickup time is not feasible, or the information is incomplete — we may contact you to adjust or cancel.
• Pickup times must be at least 30 minutes from the time you place the order and must fall during our posted hours of operation.
• Payment is collected in person at pickup. We do not accept payment through the Site and we do not store payment information.
• You are responsible for picking up your order on time. We hold takeout orders for 30 minutes past the scheduled pickup time; after that, we cannot guarantee quality or availability.

5. Cancellations and refunds.

Cancellations and refunds are governed by our Refund Policy, which is part of these Terms. In short: if you cancel before we begin cooking, we will cancel at no charge; if we have already started, we may ask you to pay for what we have made. If something is wrong with your food, tell us while you are here and we will fix it.

6. Reservations.

Reservations placed through the Site are requests, not confirmed bookings. A reservation is confirmed only when we acknowledge it by phone or email. We hold reserved tables for 15 minutes past the reservation time; if you are running late, please call us. For parties larger than 16, please use our private events form instead.

7. Catering and private events.

Catering and private event inquiries placed through the Site are not binding. If you wish to book a catering order or event, we will provide a separate written agreement with pricing, deposits, cancellation terms, and other details. That agreement, not these Terms, will govern the event. If there is a conflict between the agreement and these Terms, the agreement controls.

8. Alcohol.

We serve alcohol in accordance with Michigan law. You must be at least 21 years old to purchase or consume alcohol at our restaurant, and we are required to request identification from anyone who appears to be under forty. We do not sell alcohol for off-premise consumption, and mixed drinks cannot be ordered through the Site or taken to-go. We reserve the right to refuse service of alcohol to anyone who appears intoxicated or who cannot provide valid ID.

9. Allergens and dietary needs.

Our kitchen is not allergen-free. We handle wheat, dairy, eggs, peanuts, tree nuts, shellfish, soy, and sesame on shared equipment. While we will do our best to accommodate dietary restrictions and to prevent cross-contact, we cannot guarantee that any dish is free from a specific allergen. If you have a serious food allergy, please call us before ordering so we can plan with you. Our Dietary Guide describes what we can and cannot adjust.

10. Gift cards.

We sell physical gift cards at the restaurant. Gift cards are not redeemable for cash, do not expire, and are not refundable. Lost or stolen gift cards cannot be replaced without proof of purchase. Gift cards are not currently available through the Site.

11. Intellectual property.

All content on the Site — text, photographs, design, logos, and layout — is owned by The Taste of Midland or licensed to us. You may not copy, reproduce, modify, distribute, or republish any substantial portion of the Site for commercial purposes without our written permission. Personal, non-commercial use (such as printing a menu for your own reference) is fine.

12. User content.

If you send us a message, review, photograph, or other content, you represent that you have the right to share it and that it does not infringe on anyone else's rights. You grant us a non-exclusive, royalty-free, worldwide license to use that content for the purpose of responding to you or, if you tag us in a public review or photograph, for the limited purpose of promoting the restaurant. We will not republish private messages without your permission.

13. Third-party links.

The Site may contain links to third-party websites, such as Google Maps for directions. We are not responsible for the content, privacy practices, or terms of those third parties. Visiting a third-party site is at your own risk.

14. Disclaimers.

The Site is provided "as is" and "as available." We make no warranty that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

15. Limitation of liability.

To the fullest extent permitted by law, The Taste of Midland and its owners, employees, and agents will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to the Site or these Terms will not exceed one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our exclusions and limitations apply only to the extent permitted by law.

16. Indemnification.

You agree to indemnify, defend, and hold harmless The Taste of Midland and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.

17. Governing law.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Site must be brought in the state or federal courts located in Midland County, Michigan, and you consent to the personal jurisdiction of those courts.

18. Dispute resolution.

Before filing any formal legal action, we ask that you contact us directly so we can try to resolve the issue. You can reach us at (989) 486-1488 or [email protected]. We will do our best to make things right. If we cannot resolve the matter informally within 30 days, either party may proceed to court under Section 17.

19. Changes to these terms.

We may update these Terms from time to time. If we make a material change, we will update the "Last updated" date at the top of this page and, if the change is significant, we will post a notice on the Site. Your continued use of the Site after a change means you accept the updated Terms.

20. Severability and entire agreement.

If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and us regarding the Site and supersede any prior agreement.

21. Contact.

Questions about these Terms? Reach us at:

• Email: [email protected]
• Phone: (989) 486-1488
• Mail: The Taste of Midland, 3001 S Saginaw Rd, Midland, MI 48640