Terms of Use and Privacy Policy

Last Updated: 05/2025

Last Updated: 05/2025

Terms of Use and Conditions of Service

PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. BY CONTINUING TO ACCESS, LINK TO, OR USE THIS WEBSITE, APP, OR ANY SERVICES OF THE FLAME BROILER INC., YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND CONDITION OF SERVICE, WHICH CONSTITUTE AN AGREEMENT BETWEEN YOU AND THE FLAME BROILER INC., INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 15 BELOW.
These Terms and Conditions (“Terms”) govern your access to and use of the services, website (the “Site”), digital platforms, mobile app (the “App”), online ordering, in-store WiFi, gift cards, and any other offerings of The Flame Broiler, Inc. (“Flame Broiler”, “our”, “us”, “we”) whether online or in person at our store locations (collectively, our “Services”).
By accessing or using any of our Services, you agree to these Terms. Please read them carefully. If you do not agree to these Terms, you may not use our Services.

1. USE OF OUR SERVICES

You agree to use our Services only for lawful purposes, in compliance with all applicable local, state, and federal laws, and in accordance with these Terms. You may not misuse our Services in any way that could damage, disable, or impair our systems, reputation, or intellectual property.

2. ONLINE ORDERING & PICK-UP

We offer online ordering and in-store pick-up services through our Site and App. Orders are subject to availability and may vary by location. Prices and menu items may change without notice. We reserve the right to refuse or cancel any order due to suspected fraud, incorrect pricing, or operational limitations at our sole discretion.

3. GIFT CARDS AND REWARDS

Gift cards are valid only at participating Flame Broiler locations. They are not reloadable, redeemable for cash except where required by law, or replaceable if lost or stolen, unless required by applicable law and supported with proof of purchase. Please visit the following link to review our Gift Card Policy, which is incorporated in these Terms by reference: see gift cards terms and conditions .
For details regarding our Magic Rewards Program, please visit the following link and review our Magic Rewards Policy, which is incorporated in these Terms by reference: see gift cards terms and conditions .

4. ACCOUNT REGISTRATION AND ELIGIBILITY

To use certain Services, you may be required to create an account with us. By creating an account with us, you agree:
  • That you are 18 years of age or older;
  • To provide only true, accurate, current, and complete information;
  • To keep your registration information updated;
  • To maintain the security of your account credentials; and
  • To accept responsibility for all activities that occur under your account.
You must be at least 18 years of age to use the Services. We do not knowingly collect personal information from individuals under the age of 18. If you are under 18, you may not register for an account or provide personal information through the Services. Any personal registration information submitted by a person under the age of 18 will not be accepted. General (non-personal) information submitted by individuals under 18 may be used in accordance with these Terms.
We are a general audience Site and do not direct our content specifically at children under 13 years of age. We are committed to protecting the privacy of children online. If we become aware or have reason to suspect that a user is under the age of 13, we will promptly delete any personal information associated with that account. We encourage parents and guardians to monitor their children's use of email and internet activity and to instruct their children never to provide personal information online without permission.
If you suspect unauthorized access or a security breach involving your account, you must notify us immediately at legal@flamebroilerusa.com 

5. PRIVACY 

We value your privacy. Please visit the following link to review our Privacy Policy, which is incorporated in these Terms by reference: https://flamebroilerusa.com/privacy-policy/ . For questions about our Privacy Policy, please contact legal@flamebroilerusa.com

6. INTELLECTUAL PROPERTY

This entire Site is © 2024 to present by The Flame Broiler, Inc. All rights are reserved. In addition, certain parts of this Site may also be protected by copyrights belonging to other parties. “Flame Broiler” and the stylized version(s) of those terms on this page are trademarks or service marks of The Flame Broiler, Inc., its licensors, and/or affiliates.
Unless otherwise expressly specified, all content on our Site or App, our menus, packaging, trademarks, branding, graphics, logos, and related materials (collectively, Intellectual Property”) are the exclusive property of Flame Broiler, its licensors, and/or its affiliates. You may not use, reproduce, or distribute any such materials without our prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Flame Broiler’s Intellectual Property without prior written permission of Flame Broiler or the relevant licensors or affiliates. 
 If you believe that any content of Flame Broiler violates any intellectual property right of yours, please contact legal@flamebroilerusa.com.

7. LINKS TO THIRD-PARTY WEBSITES 

Links on our Site to other websites are provided solely for your convenience. By using these links, you leave our Sites, and we do not control or endorse the content or materials available on these external websites. We are not responsible for any information, materials, or outcomes from using these websites. Accessing third-party websites through our links is done at your own risk and subject to their terms, conditions, and privacy practices.  

8. USER FEEDBACK & SUBMISSIONS

We welcome your feedback, suggestions, or reviews at https://flamebroilerusa.com/contact. By submitting any content, including but not limited to creative ideas, suggestions, or materials, such as recipes or menu items, you agree not to claim any ownership rights over them against Flame Broiler, and you grant Flame Broiler a nonexclusive, perpetual, sublicensable, irrevocable, transferable, royalty-free worldwide license to use such content for any purpose. You waive all rights to seek financial or other compensation for such content. You agree not to post content that is unlawful, offensive, or violates the rights of others.

9. ALLERGEN & DIETARY NOTICE

While we strive to accommodate a range of dietary needs, we cannot guarantee an allergen-free environment. Our kitchens may handle common allergens including dairy, gluten, nuts, sesame, soy, wheat, eggs, and shellfish. Please notify our staff of any dietary concerns before ordering.
Please note that, while we take various precautions, we cannot guarantee that any item is completely free from any particular ingredient, product, or allergen. We rely on third-party supplier information and cannot discount the potential for cross-contamination with other food in shared preparation and cooking areas or ingredient substitutions. For more information, please see the Nutrition Portal

10. GEOGRAPHIC RESTRICTIONS

Flame Broiler is based in the United States.  We provide the Services for use only by persons located in the United States. We make no claims that the Services or any content therein are accessible or appropriate outside of the United States. Access to the Site and App may not be legal by certain persons or in certain countries. If you access the Site or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Flame Broiler, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user feedback and/or submissions, any use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Site or App.

12. DISCLAIMER OF WARRANTIES

Our Services are provided “as is” and “as available.” We make no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The information presented on or through the Services and the content therein is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, App or other Services, or by anyone who may be informed of any of its contents.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Flame Broiler is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of our Services, including our Site, App, or facilities.

14. GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Santa Ana and County of Orange. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.
You agree that any disputes arising from or related to these Terms or our Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, applying California law, without giving effect to any principles that provide for the application of the law of another jurisdiction. 
You waive any right to participate in a class action lawsuit or class-wide arbitration. You may only resolve disputes with Flame Broiler on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.

16. CHANGES TO THESE TERMS

We reserve the right to update or revise these Terms from time to time but have no obligation to do so. You should review these Terms regularly as your continued use of our Services after such updates, which are effective immediately unless otherwise specified by us, constitutes your acceptance of the revised Terms.

17. TERMINATION

We may terminate or suspend your access to the Services at any time for any reason. All provisions that should by their nature survive termination shall remain in effect.

18. WAIVER AND SEVERABILITY

No waiver by the Flame Broiler of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Flame Broiler to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between you and Flame Broiler regarding the use of the Services and the features therein and supersedes and replaces any prior agreements, whether written or oral, between you and Flame Broiler regarding your use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

20. CONTACT INFORMATION

For questions or feedback regarding these Terms, please contact us at:
The Flame Broiler, Inc.538 E Warner Ave Ste E 
Santa Ana, CA, 92705-5476 
United States
844-307-1232 
Thank you for choosing Flame Broiler. We look forward to serving you.

PRIVACY POLICY

1. INTRODUCTION

AGREEMENT AND PARTIES The Flame Broiler, Inc. (“Flame Broiler,” “Company,” “us,” or “we”) respects the privacy of the visitors to the Flame Broiler website (“website” or “site”). This privacy policy (“privacy policy” or “policy”) is an agreement between Flame Broiler and you, as the user of the Flame Broiler website (“you”). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.
 

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

AGREEMENT TO TERMS. All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require the information. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using the site. If you do not agree with the terms of our privacy policy and our terms of use posted at www.flamebroilerusa.com, please do not provide us with personal information, and leave this website. The terms of use of this site are expressly incorporated herein by reference and made a part of this policy. By using the Flame Broiler website, you signify that you agree to the terms of this privacy policy as well as to our terms of use.
 

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

EFFECTIVE DATES. This privacy policy is effective as of 06/15/2020, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.
 

4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

DISCLAIMERS. The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Flame Broiler’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through this site. This privacy policy does not apply to any information we may collect from you in any place other than this website.
 

5. PERSONAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested. For California residents, click https://flamebroilerusa.com/ccpa-compliance/ for the supplemental California Privacy Policy under the California Consumer Privacy Act of 2018 (“CCPA”).
 

6. GENERAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any other personal information.
A set of website features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you access this website through a mobile device, then we may collect information about your mobile device whether or not you provide us with any other personal information.
6.1. Your rights under the California Consumer Privacy Act of 2018 (CCPA): For California residents, click https://flamebroilerusa.com/ccpa-compliance/ for the supplemental California Privacy Policy under the California Consumer Privacy Act of 2018 (“CCPA”).
6.2. Click Stream DataWhen you visit our website we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.
6.3. CookiesWe may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in Section 11.
6.4. How We Respond to “Do Not Track” DisclosuresWe are strongly committed to not sharing personal information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser’s “do not track” signal.
6.5. [Reserved]
 

7. GENERAL INFORMATION ABOUT YOU

USE OF GENERAL INFORMATION. We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following:
A. To administer a content promotion survey or other site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).
B. [Reserved]
C. To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features, and promotions that you are most interested in.
 

8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

8.1. Security MeasuresIn order to protect both the personal information and the general information that we receive from you through our website, we have implemented various security measures, including, without limitation, the use of encryption.
8.2. Risk of InterceptionPlease keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Flame Broiler strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.
 

9. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

9.1 Registration DeclinedFlame Broiler intends only persons who are 18 years or older to use this website. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy (see Section 6). Flame Broiler is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.
9.2. Notice Concerning ChildrenPLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user’s account.
 

10. THIRD PARTIES

10.1. Sharing Information With Persons or Entities Who Manage This WebsiteFlame Broiler’s global and local websites and the personal information and general information collected are managed and controlled by GigaSavvy, LLC (“GigaSavvy”) located in California, US. The servers that make Flame Broiler’s global and local websites available are located in the United States. If you are located outside the United States, please note that the information you provide will be transferred to GigaSavvy, and by submitting the information you authorize this transfer. GigaSavvy has entered into an agreement with the hosting company in location to provide safeguards for the protection of your data that are consistent with this policy.
10.2. Disclosing Information to Third PartiesWHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the companies belonging to Flame Broiler for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. Please also see Paragraph 6.4 on how we will respond to “do not track” signals.
10.3. SecurityRELEASE OF INFORMATION. Flame Broiler will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.
10.4. Links to Third PartiesPURPOSE OF LINKS. For additional services, your convenience and/or to improve usage of the website, we may insert links to third parties on this site. This privacy policy does not apply to such third party websites. These links take you outside our service and off the Flame Broiler’s site and are beyond our control. This includes links from partners that may use Flame Broiler’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our site, Flame Broiler is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.
 

11. AUTOMATIC COLLECTION

COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your username and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
 

12. [Reserved]

 

13. QUESTIONS OR COMMENTS

CONTACT INFORMATION. If you have any questions or comments relating to our website or the privacy policy, send an e-mail to comments@flamebroilerusa.com