Terms of Use Introductory Information
This is the official Earl Enterprises Data Settlement website. This Terms of Use page explains the terms and conditions of use for this website that collects and contains information and the claims process regarding the Earl Enterprises, Inc. data security incident. By accessing the website, you agree to abide by all of the terms and conditions in this Terms of Use page. Please read these Terms of Use carefully because your use of this website signifies your acceptance of these terms. If you do not agree to abide by the terms contained in these Terms of Use, you must immediately stop accessing, browsing, and using this Website.
Purpose of the Settlement Website
The Earl Enterprises Data Settlement website is the only online account where customers impacted by the data breach that triggered the notification between May 23, 2018 and March 18, 2019 may find valid, court-approved information pertaining to the class action lawsuit, the terms of the settlement, eligibility requirements, filing a claim, and related legal rights. Any other use of the website is not authorized.
Authorized Users and Use Eligibility
This website is for the use of persons who reside in the United States and who made credit or debit card purchases at one of the eligible Earl Enterprises Restaurants-Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, and Mixology 101-between the dates of May 23, 2018 to March 18, 2019. By clicking and accessing this website or by clicking to file a claim on this website, you are representing that you satisfy these criteria or are acting on behalf of such an individual. Accessing and using this website without satisfying the eligibility requirements is unauthorized (and is prohibited as to access by one who is not a class member or representative of a class member).
Acceptance of Terms and Modification of Terms
By visiting the Earl Enterprises Data Settlement website, you agree that you have read, understood, and accept to be bound by the Terms of Use. The Claims Administrator reserves the right, in its sole discretion, to change, modify, amend or update these Terms of Use at any time without notice. Any changes of these Terms of Use are effective immediately upon posting. You agree that it is your responsibility to review periodically these portions of the Site for updates and/or changes. Your use after such change constitutes acceptance thereof.
Website Content and Intellectual Property Rights
All website information, documents and graphics, as well as any other materials, including but not limited to text, logos, images, downloaded forms and computer programs, contained on this site are the property of Earl Enterprises, Inc. (“Earl Enterprises”), the Claims Administrator or its licensors, and are protected by applicable copyright, trademark, and/or other intellectual property laws. The contents of this web site may be used only for the purpose of learning about your rights in connection with the Settlement, submitting a claim or getting authorized information about the case. Unauthorized copies, reproductions, distribution, or modification of all or any portion of the website materials are prohibited without the express written authorization from the Claims Administrator. Copyright (c) Postlethwaite & Netterville.
Permissible and Impermissible Uses
Use of the website and information made available on or through the website is limited to the purposes of the class action settlement as described in the notice, including, but not limited to, checking whether you are a member of the class and eligible for settlement benefits, submitting a claim form or requesting information regarding the legal proceedings. Prohibited use includes, but is not limited to:
- Attempting to access areas of the website, computers or networks not intended for user access
- Submitting any false, forged or fraudulent claim form or other document
- Interfering with, hacking into or otherwise disrupting the operation of the website, computer systems or networks
- Using display data that is not your own for any purpose, including, but not limited to, submissions and claims; using automated means (such as bots or web crawlers) to copy or monitor portions of the site
- Engaging in any activity that is unlawful, prohibited or likely to be detrimental to the proper operation of the website
Violations of these provisions may result in termination and/or criminal prosecution.
User Conduct and User Responsibilities
You are a user of the website. You are solely responsible for whether all information which you provide (whether in connection with a claim or otherwise) is true, accurate, complete and given in good faith. You may not impersonate another person, misrepresent your eligibility or use the website to commit a fraudulent or other unlawful act. You are responsible for taking reasonable precautions to safeguard any personal information supplied by you and for protecting the privacy of any correspondence you may have with the Claims Administrator. Abuse of the website may lead to disqualification from settlement benefits and civil or criminal liability.
Filing and Processing Claims
Claims may be submitted by eligible class members through the online filing form or by mail (as provided on the website). All claims will be subject to verification for completeness and accuracy by the Claims Administrator, which may request any additional supporting documentation or information it believes necessary to validate eligibility for compensation. The deadline to file a claim is January 5, 2024. No fee is charged to file a claim, and the Claims Administrator will never ask you to pay to process your claim. All claims are subject to final approval by the Court. Falsification of information or misrepresentation of facts may result in denial of your claim or other legal action.
Privacy, Security and Data Protection
Privacy of your personal information is of paramount importance to the Claims Administrator and Earl Enterprises, Inc. Information that you provide in connection with this website is collected, used and retained in compliance with applicable privacy laws and is used solely in connection with the administration of the settlement. Appropriate technical and organizational measures have been implemented to protect this information from unauthorized or improper use or disclosure. Do not provide any documents of a confidential nature using any unsecure methods of communications. For more information regarding data collection practices and use please review the Privacy Policy posted on this website.
Disclaimer
This website and all information contained within this website is provided on an “as is” and “as available” basis. Neither the Claims Administrator nor Earl Enterprises, Inc. makes any claims or representations about the accuracy, completeness, timeliness or reliability of the website content. The Claims Administrator disclaims all warranties either expressed or implied including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You are using the website solely at your own risk, and neither Claims Administrator nor Earl Enterprises, Inc. will be liable for any damages resulting from use of or reliance upon this website.
Limitation of Liability
…to the full extent permissible under applicable law, neither the Claims Administrator, nor Earl Enterprises, Inc., nor any of their affiliates, partners, agents or representatives shall be liable for any direct, indirect, incidental, consequential, special or punitive damages of any kind arising out of or in connection with your use of or inability to access the website, nor for any errors or omissions on such website. Such exclusion applies even though such person or entity has been advised of the possibility of such damages or losses.
Third Party Links
A number of links to third party web sites, documents or resources may be provided by this website for your convenience and reference purposes only. The fact that there is a link to a specific third party site, document or resource does not constitute an approval, endorsement or recommendation by the Claims Administrator or Earl Enterprises, Inc. of any third party content. The Claims Administrator also does not take any responsibility for the security, availability or privacy practices of any such third party sites. You should access such third party links at your own risk. Please read and review all external site terms and conditions and privacy policies before providing any personal information.
Information and Communications
Inquiries, requests for assistance, or other questions relating to the Earl Enterprises Data Settlement should be directed solely to the Claims Administrator. The Claims Administrator handles all aspects of the claims process for the Court and counsel. The website lists the Claims Administrator’s contact information. No other entity or website will respond to claims or settlement-related questions. For the most accurate and up-to-date information, always check this website, which is maintained by the Claims Administrator.
Feedback, Suggestions and Comments
Comments made on the website may be submitted to the Claims Administrator. By submitting feedback, comments, postings or other submissions to the website, you grant the Claims Administrator a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, and modify such submissions for purposes of developing or improving the website, or other settlement administration-related tasks. Such feedback, comments, postings or other submissions are not confidential and the Claims Administrator has no obligation to compensate you for any such submissions.
Terminations and Suspensions
The Claims Administrator has the unilateral right, in its discretion, to suspend or terminate your access to the website at any time, without prior disclosure, for any conduct that it deems improper, including your actual or attempted violation of these Terms of Use or applicable law, or in reliance upon any order, request or directive from law enforcement authorities or governmental agencies. Upon termination, your right to access the website and use the website services shall immediately cease. The Claims Administrator shall have no liability or responsibility for any loss or damages you may incur as a result of such termination.
Governing Law and Jurisdiction
These terms of use and any dispute regarding your use of the Earl Enterprises Data Settlement website will be governed by and interpreted in accordance with the laws of the State of Florida, without considering its conflict of law provisions. Any legal action or proceeding related to these terms of use must be initiated exclusively in the Circuit Court of the Ninth Judicial Circuit, Orange County, Florida, and you consent to the personal jurisdiction of these courts for such matters.
Class Action Settlement Information
This website only provides information related to the class action litigation pertaining to the data breach of several Earl Enterprises restaurant brands. The website provides an overview of your rights and options as a class member, as well as instructions on how to submit a claim, request exclusion, object to the settlement, attend the hearing on final approval, and refrain from any action. All procedures and deadlines – including the January 5, 2024 deadline for submission of claims, and the February 12, 2024 fairness hearing to be held by the court – are determined by the court and provided for on this website. Only information contained on this official website provided by the Claims Administrator is accurate and is conclusively presumed court approved.
No Legal Advice
The content of this website is for general informational purposes only and is not legal advice, nor does it create an attorney-client relationship. The website is monitored by counsel as well as the Court and any persons having a legal question about their rights or who wish to agree or disagree with the settlement should contact their own lawyer. The Claims Administrator does not undertake to render such advice to a particular person.
Security
The Claims Administrator utilizes generally accepted industry standards of security applicable to internet websites, including encryption, secure socket layer (“SSL”) technology, firewalls and regular security audits designed to protect against unauthorized access and inadvertent disclosure or theft of private information. No method of transmission or storage of information over the Internet can be 100% secured. Therefore, there is no guarantee that this website will be invulnerable to security breaches. Accordingly, users are cautioned against sending sensitive or confidential information electronically to this website unless such information is encrypted. The Claims Administrator will alert website users by email notice of any material security breach or compromise of the website in accordance with laws, rules and regulations that apply.
Accessibility Statement
The Claims Administrator has a commitment to digital accessibility for individuals with disabilities, which includes extending our efforts to provide access to information directly via our website and through the phone. The website is being designed to comply with applicable website accessibility standards including the Web Content Accessibility Guidelines (WCAG) 2.1. If you come across any accessibility barriers or need help accessing presented content, please reach out to the Claims Administrator for assistance. Your feedback helps us improve the inclusivity and accessibility of the information for all class members.
Indemnification
Your use of this website constitutes your agreement to indemnify, defend and hold harmless the Claims Administrator, Earl Enterprises, Inc. and each of their respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use, your use of the website in an impermissible manner, or your infringement of any intellectual property or other rights of any person or entity.
Severability and Waiver
Should any of the provisions set forth above, or in those incorporated by reference from the Settlement, be held to be invalid, illegal or unenforceable as a matter of law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver by the Claims Administrator on any one or more occasions of any term, covenant or condition herein contained shall be deemed a waiver of such term, covenant or condition as it applies to any other occasion or as to the future, and no such waiver shall in any way impair any right, the enforcement of which has not been specifically waived in writing, of the Claims Administrator.
Entire Agreement
These Terms of Use constitute and contain the entire agreement between you and the Claims Administrator with respect to your use of the Earl Enterprises Data Settlement website. These Terms of Use supersede all prior or contemporaneous communications, representations or agreements, whether oral or written, with respect to the subject matter herein.
Deadlines, Obligations and User Notices
You must follow all deadlines and procedures set forth in the Earl Enterprises Data Settlement website. The deadline for submitting a claim is January 5, 2024. If you do not submit a claim and/or other submissions by the stated deadline(s), you may lose your right to receive money or other benefits from the settlement. Continue to check this website for updates, because the deadlines and procedures may change if ordered by the Court or due to other developments.
Claims Administrator Contact Information
Need to ask a question about the settlement, get help filling out a claim form, or report a problem with the website? Contact the Claims Administrator using the contact information on the official Earl Enterprises Data Settlement website. The Claims Administrator handles all communications and processing of claims. Do not communicate personal information or confidential information to third parties or unofficial websites as only the Claims Administrator may properly assist you with this issue.
Recognizing Misuse or Security Concerns and Reporting Them
If you become aware of any unauthorized use of the website, any fraudulent conduct, or any security vulnerabilities, please contact the Claims Administrator immediately. Your cooperation helps ensure that the settlement process functions in a safe and secure manner. The Claims Administrator will investigate any reported incidents and will take appropriate action, as necessary and consistent with applicable law and the instructions of the court.
I recently did a post Well Done Claims Administrator (EA) yesterday. EA is now keeping an eye on us (and perhaps our blogs), asked for a correction in the recent hearing on limitations issue. Interesting exchanges: Craiglstead: Mr. McClain requests that there be more action by someone employed by EAspton. There are a number of associate’s working there. One working directly under my supervision and go forward basis is Lisa Ravens. She’s done really good work in similar cases where we had concerns about getting the notice and the deadline dates published. She is a sub to Melanie and Julie at EA. On a go forward basis I would ask that notices be Brought to Melissa Sutton’s attention with cc to Lisa Ravens and myself as back up. Melissa is firms’ paralegal and semimally trained. She works under Julie Brashier/Melanie Amerine supervision and understands our systems well. Any notice referring to mediation should be brought to my attention by copying on Melissa Sutton. GM’s or any partner outside my office get Bcc copy to me if any notice goes to client without being forwarded. Twilliger/Rainey: Please include us in all future email distribution re daily filings/Notices receipted in the above-mentioned case. Very simply because we believe we were excluded from receiving Notice of the August 17, 2007 Submission Notification re Merill Lynch (Represented by Buchanan Ingersoll ) and G Application Well done. Well Well done.
Updating and Amending the Website
The website and all of its content may be updated or modified at any time by the Claims Administrator to reflect new information, court orders, or changes in settlement practice. Users are advised to revisit the website often to review the latest updates and for assurance that they have acted in compliance with current requirements. The Claims Administrator shall bear no responsibility for delay or failure to act on any information that has been revised, is changeable, or is no longer accurate.
Terms Acknowledgment
By accessing or using the Earl Enterprises Data Settlement website you represent that you have read and understood these Terms of Use and agree to be bound by them. You also agree to comply with any and all laws and regulations applicable to your use of this settlement and site. All users of the site are bound by these Terms of Use. Your assent to these Terms of Use is reaffirmed each time you access the site.
Questions and Additional Information
Any questions you have about the Terms of Use or for clarifications about your rights, obligations, or the settlement, contact the Claims Administrator by using the contact information on the official website. All inquiries will be responded to promptly and held in confidence by highly knowledgeable individuals authorized to administer this settlement on behalf of the Court.
Conclusion and Encouragement
The Earl Enterprises Data Settlement website is the official source for information, guidance, and participation in the class action settlement related to the data security incident that affected Earl Enterprises, Inc. By following these Terms of Use you will help ensure an efficient, effective and secure settlement process for all qualified class members. To preserve your rights and collect any benefit to which you may be entitled, you must submit your claim form on or before January 5, 2024 and direct all inquiries to the Claims Administrator as discussed on this site. Your cooperation and compliance are important and valued for the success of this settlement process.