Terms of Service

Acceptance of Terms

By downloading, installing, or using the Whitewater Bar & Grill mobile application ("App"), accessing our website at whitewaterbar.com, or using any of our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our App, website, or services.

Description of Service

Whitewater Bar & Grill, operating as part of Epic Adventures, LLC, provides:

• Access to our food and drink menus
• Information about daily specials and events
• Current patio weather conditions
• Links to online ordering through Toast
• A loyalty rewards program through Toast
• Push notifications about promotions and events (with your consent)
• Newsletter subscription
• Contact, catering, and event booking forms
• Contact information and directions

User Conduct

When using our App, website, and services, you agree not to:

• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the App's or website's functionality
• Use the App or website for any fraudulent or illegal purpose
• Reverse engineer or attempt to extract source code
• Use automated systems to access the App or website without permission

Online Ordering

Online ordering is provided through Toast, a third-party service. When placing orders:

• You are subject to Toast's terms of service and privacy policy
• All prices are subject to change without notice
• We reserve the right to refuse or cancel orders
• Menu items and availability may vary
• You must be 21 or older to purchase alcoholic beverages

Rewards Program

Our loyalty rewards program is provided and managed through Toast. By participating in the program:

• You agree to Toast's rewards program terms and privacy policy
• Points are earned at a rate of 1 point per $1 spent at either Whitewater Bar & Grill or Whitewater Rooftop Social
• Takeout orders placed through our online ordering system earn 2x points
• A $5 birthday reward is issued annually to members who have a birthday on file
• Points and rewards have no cash value and cannot be transferred to another person
• We reserve the right to modify, suspend, or terminate the rewards program, including earn rates, redemption values, rewards tiers, or expiration terms, at any time with reasonable notice
• Rewards accounts that are inactive for 12 consecutive months may be deactivated and any accumulated points forfeited
• Fraudulent activity, including but not limited to manipulating transactions to earn points or sharing accounts, will result in account termination and forfeiture of all points and rewards
• The rewards program is available at both Whitewater Bar & Grill (45045 Hwy 50 West) and Whitewater Rooftop Social (302 Royal Gorge Blvd), both in Canon City, Colorado

For full details on earning and redeeming rewards, visit our Rewards page.

Food & Beverage Disclaimers

Menu items displayed in the App and on our website are for informational purposes only. Please be aware of the following:

• Actual ingredients, preparation methods, portion sizes, and availability may vary from what is shown online
• Prices listed online may differ from in-restaurant prices and are subject to change without notice
• Menu photographs are representative and the actual presentation may differ
• If you have food allergies, intolerances, or dietary restrictions, please inform your server or contact us directly before ordering. We cannot guarantee that any menu item is free from allergens
• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions

Alcoholic beverage service is subject to all applicable Colorado laws. You must be 21 years of age or older to purchase or consume alcoholic beverages. We reserve the right to refuse service of alcohol to anyone and to request valid identification.

Mobile Application

The Whitewater Bar & Grill App is available for iOS through the Apple App Store. By downloading the App:

• You acknowledge that these Terms are between you and Whitewater Bar & Grill, not Apple Inc.
• Apple has no obligation to provide maintenance or support for the App
• In the event of the App's failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); Apple has no other warranty obligation
• Apple is not responsible for addressing any claims relating to the App
• Apple is a third-party beneficiary of these Terms and may enforce them against you

Intellectual Property

All content in the App and website, including but not limited to text, graphics, logos, images, and software, is the property of Whitewater Bar & Grill (Epic Adventures, LLC) or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the App or website without our prior written consent.

Disclaimer of Warranties

THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP OR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Weather information, menu items, prices, hours of operation, and event schedules are provided for informational purposes and may not always be accurate or current.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHITEWATER BAR & GRILL (EPIC ADVENTURES, LLC) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE APP, WEBSITE, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ONLINE ORDERING, REWARDS PROGRAM, OR RELIANCE ON MENU INFORMATION.

Our total liability for any claims arising from your use of the App, website, or services shall not exceed the amount you paid to us, if any, during the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Whitewater Bar & Grill, Epic Adventures, LLC, its owners, employees, and affiliates from any claims, damages, or expenses arising from your use of the App, website, or services, or violation of these terms.

Age Requirements

The App and website are intended for users who are at least 13 years of age. Users must be 21 years or older to purchase alcoholic beverages. We reserve the right to verify age for alcohol-related purchases.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the App or website. Your continued use of the App or website after changes constitutes acceptance of the modified terms.

Termination

We may terminate or suspend your access to the App, website, or services at any time, without prior notice, for any reason, including breach of these terms. Upon termination, your right to use the App and our services will immediately cease.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal action arising from these terms shall be brought in the courts of Fremont County, Colorado.

Contact Us

If you have any questions about these Terms of Service, please contact us: