TERMS & CONDITIONS OF USE OF THIS INTERNET SITE
CARL’S JR. ONLINE SERVICES TERMS AND CONDITIONS OF USE
Last Updated: January 24, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE ONLINE SERVICES OR OTHERWISE AGREEING TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Please carefully read the below terms and conditions (“Terms and Conditions”) applicable to Carl’s Jr.® websites, mobile applications, and other digital or online programs or services that link to these Terms and Conditions (together with all information, pages and subpages hosted thereunder, the "Online Services").
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT[BK1] WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION[BK2] , AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY [BK3] TO YOU.
Table of Contents
- Use of Online Services
- Text Messaging Program Terms
- Liability and Disclaimers
- Coupons, Promotions, and Digital Offers
- Mobile Applications
- User Accounts
- Online Ordering
- Delivery Services
- Links to Other Sites
- Links to the Online Services
- Intellectual Property and DMCA
- Notification of Changes
- Governing Law and Jurisdiction
- Disputes, Arbitration, and Class Action Waiver
- Terms for Users in Certain Geographic Locations
- Contact Us
Highlights of these Terms and Conditions
This Highlights section is intended to provide you with a basic overview of the contents of these Terms and Conditions. However, please read the entire Terms and Conditions for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Terms and Conditions. If there is a conflict between the terms of this Highlights section and the terms of the full Terms and Conditions, then the terms of the full Terms and Conditions control.
(a) Use of Online Services
· Unless otherwise indicated, you only may use the Online Services and content for your personal use as an individual.
· You may not violate any laws, infringe any rights, threaten, harass, or impersonate others, or take other actions that harm us or other people or parties.
· You must not attempt to bypass security protections on the Online Services, introduce viruses or other harmful code, or use the Online Services to attack other websites or services.
(c) Text Message, User Accounts, and Applications
· If you register for a User Account, you should keep your password confidential and not allow other people to use your User Account.
· By using our Application, you are agreeing to third party terms outside of these Terms and Conditions.
(d) Our Rights
· All Online Services Material on the Online Services is protected by intellectual property rights―you may only make limited use of the Online Services Material you find on the Online Services, as described below.
· We may block you from accessing our Online Services, block or delete your User Content, or terminate your Account for any reason.
· We are not liable for third-party content hosted on our Online Services, external websites linked to or from our Online Services, or errors regarding product information, availability, or promotional offers.
(e) Important Things to Know
· By using the Online Services, you consent to these Terms and Conditions. We may update these Terms and Conditions from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
· THESE TERMS AND CONDITIONS CONTAIN LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.
· THESE TERMS AND CONDITIONS GOVERN HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.
· Your use of the Online Services may be governed by other terms and conditions applicable to certain features or promotions.
· These Terms and Conditions contain information about how you can Contact Us[BK5] regarding complaints, questions, or copyright infringement claims.
The Online Services are designed for users and consumers only located in the United States. However, if you are outside the United States and access the Online Services, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms and Conditions heard by your local courts. These Terms and Conditions do not limit any such rights that you have that apply. HOWEVER, BY AGREEING TO THESE TERMS AND CONDITIONS, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS AND CONDITIONS AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Online Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. Please see Terms for Users in Certain Geographic Locations [BK8] for details on specific terms that may apply to you. These Terms and Conditions, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
We are committed to having our Online Services accessible to everyone. For more information on how we continue to take steps to improve online accessibility and ensure compliance with applicable laws, please see our Accessibility Statement[BK9] or Contact Us[BK10] . To print the Terms and Conditions into a physical copy, click here[BK11] .
2. Use of Online Services.
Material from the Online Services may not be copied or distributed, nor published, uploaded, posted, or transmitted in any way, without the prior written consent from us, except for as described below and certain limited online interactive activities, as expressly permitted by these Terms and Conditions or otherwise specifically stated by us. Modification or use of the materials for any other purpose violates the intellectual property rights of us, our licensors and/or their respective affiliates. Except as described otherwise, all materials on the Online Services are made available only to provide information and constitute information of a general nature that do not address the circumstances of any particular individual or entity. Although we make efforts to ensure that all material on the Online Services is correct, accuracy cannot be guaranteed and no information on the Online Services constitutes a comprehensive or complete statement of the matters discussed or the law relating thereto.
Certain Online Services may allow you to submit or communicate with us via written posts, materials, comments, suggestions, ideas, photos, and other information and materials (“User Content”). By submitting User Content in any form, you expressly grant us a perpetual, unrestricted, irrevocable, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to copy, disclose, reproduce, display, publicly perform, transmit, distribute and otherwise use your User Content, along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You agree that any User Content uploaded, posted, or otherwise transmitted through the Online Services is truthful, accurate, not misleading, and offered in good faith, and that you have the right to use the User Content on the Online Services. You shall not upload, post, or otherwise transmit through the Online Services any User Content that is protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the proper owner(s) of such rights. You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on the Online Services; (ii) monitor User Content; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third-party in order to operate the Online Services, to protect us, users or others, to comply with legal obligations or governmental requests, to enforce these Terms and Conditions, or for any other reason or purpose we deem appropriate. If you see User Content on the Online Services that you believe violates these Terms and Conditions, please Contact Us[BK12] .
You may access and use the Online Services to view information about the products and services offered by us, access and use features and services for their intended purposes, including, without limitation, ordering and delivery services, or as otherwise expressly authorized by us. You agree not to access or use the Online Services for any other purpose including, without limitation, any purpose that is prohibited by these Terms and Conditions or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Online Services. We may, in our sole discretion, terminate or suspend your access to, and/or use of, the Online Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Online Services is terminated, you will not thereafter access, or attempt to access, the Online Services, directly or indirectly, until your suspension is removed and we give you express notice thereof.
By submitting User Content or using the Online Services, you further agree:
i. that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us;
ii. that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
iii. that you will not impersonate any person or organization, including without limitation, our personnel of, or misrepresent an affiliation with another person or organization;
iv. that any statements that you make about us or any of our products, services, or programs in any User Content will accurately reflect your personal beliefs and experiences with us and our products and services;
v. that you will not reproduce, duplicate, copy, publicly, display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of use of, or access to the Online Services;
vi. that you will not violate or attempt to violate, the security of the Online Services;
vii. that you will not disseminate on the Online Services any worms, virus, spyware, adware, or other malicious code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of or monitor the use of, any hardware, software, or equipment;
viii. that you will not reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of the operation of the Online Services;
ix. that you will not interfere with the operation or hosting of the Online Services or monitor the availability, performance, or functionality of the Online Services;
x. that you will not use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the Online Services or to collect any information from the Online Services or any other user of the Online Services and
xi. that you will not violate these Terms and Conditions or other applicable law, or assist or permit any person in violating these Terms and Conditions or other applicable law.
You recognize and agree that when submitting any information, including personally information, to the Online Services, there is no guarantee of security. We make no warranties, express or implied, that the information provided by you shall be free from interception or unauthorized access and, in the unlikely event of an interception or unauthorized access despite our efforts, we shall not be responsible for any damages or liability arising therefrom or in connection therewith.
4. Text Messaging Program Terms
Signing Up and Opting Into a Text Message Program
Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to these Terms and Conditions. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to these Terms and Conditions. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.
By opting into a Text Message Program, you:
● Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
● Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
● Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into the Text Message Program.
● Consent to the use of an electronic record to document your opt-in.
While you consent to receive messages sent using automated technology, these Terms and Conditions shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.
If you need assistance at any time, or you forget what keywords are supported, just text “HELP” to the number sending the text message you received.
Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Changing Your Phone Number
If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of these Terms and Conditions. To do so or find out more information on our text message marketing programs, Contact Us[BK14] .
5. Liability and Disclaimers.
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE ONLINE SERVICES, INABILITY TO USE THE ONLINE SERVICES, OR CONTENT OF EXTERNAL LINKS, INCLUDING DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION OR ANY COMPUTER VIRUS OR FAILURE. Notwithstanding anything to the contrary set forth in these Terms and Conditions, in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to us, whether or not any such amounts are actually paid, for accessing the Online Services or any of the content thereon. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Your use or reliance on any information or materials on the Online Services is entirely at your own risk, for which we shall not be liable therefore. It shall be your own responsibility to ensure that any products, services or information available through the Online Services meet your specific requirements.
Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE ONLINE SERVICES AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) WE MAKE NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, PERFORMANCE, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE ONLINE SERVICES OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE ONLINE SERVICES, (D) WE. DO NOT WARRANT THAT THE ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT THE ONLINE SERVICES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE ONLINE SERVICES OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE ONLINE SERVICES, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
You agree to indemnify, defend, and hold us and our suppliers, service providers, and retailers, and all of our current and former directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, demands, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions; (ii) your activities in connection with the Online Services; or (iii) User Content or other information you provide to us through the Online Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
When you access and/or use the Online Services or send electronic mail to us, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically, whether by electronic mail or by posting notices on the Online Services. By accessing the Online Services and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Unless specifically provided otherwise in this Online Services, communications, data and materials you send to the Online Services or to us, whether by accessing the Online Services, sending electronic mail or otherwise, are sent on a non‑confidential basis and without any promises to keep such information confidential. We shall have the right to use and reproduce such communications or materials for any purpose whatsoever (including, without limitation, to develop, manufacture and/or market products) and without any obligation to pay you compensation for such use or reproduction. Any information you send us must be legal, truthful and not violate the rights of others.
Certain portions of this Online Services may be populated with User Content as noted in Section 2 above. We and all parties involved in creating, producing or delivering the Online Services, assume no responsibility or liability which may arise from the User Content, including but not limited to claims for defamation, libel, slander, obscenity, indecency, pornography, profanity, or misrepresentation. For the avoidance of doubt, the posting of, or transmission to, the Online Services, of any of the following items is strictly prohibited: pornographic, obscene, indecent, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
8. Coupons, Promotions and Digital Offers
Coupons, promotions, digital offers, or other discounts or offers that benefit you (collectively, “Offers”) which are made available on the Online Services may be redeemed at participating restaurants. Some Offers may require you to perform specific redemption actions within the Online Service. Offers may not be altered, changed or modified in any way and must be used at the time of purchase. Copying, selling and internet auctioning and re-distribution of Offers in any form is strictly prohibited. All Offers are void where prohibited and redeemable for a limited time. You have no right to redeem Offers that are expired or discontinued even if the Offers remain visible on the Online Services.
You may receive Offers through accessing and/or using the Online Services. Each Offer may include separate terms and conditions, which you are responsible for reading and understanding. By accessing or redeeming an Offer, you agree to be bound by those terms. In addition, the following general terms apply to all Offers:
i. Offers are available for a limited time as indicated within each offer.
ii. Offers are limited to one use per recipient, unless otherwise stated. Once an Offer code has been redeemed, it will no longer be available.
iii. Offers may only be redeemed at participating restaurants.
iv. Offers are not transferable and are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
v. Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.
Unless stipulated elsewhere in the additional terms of conditions of a specific Promotion, Promotions are only open to legal residents of the fifty (50) United States, including the District of Columbia who are at least eighteen (18) years old at the time of purchase.
9. Mobile Application
To use the Online Services accessible through either the mobile website or the mobile application (“Application”), you must have a compatible mobile device and wireless mobile data service. You are responsible for obtaining and paying for such required devices and services, including without limitation all usage charges related thereto. We do not warrant that the Application will be compatible with your mobile device. Your use of the third-party service Application may be subject to additional terms related to that service from the third-party service provider (“Application Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.
You acknowledge that these Terms and Conditions and your use of the Application is between you and us only, and not with any Application Provider or its affiliates or subsidiaries. As between us and an Application Provider, we are solely responsible for the Application and the Online Service Materials. If anything in these Terms and Conditions conflict with any usage rules for the Application from an Application Provider, such terms from the Application Provider control (only so far as those terms conflict with these Terms and Conditions, and then exclusively for your use of the Applications). By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Application may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the Application.
If you download the Application, we may send you special Offers and messages. These in-Application Offers and messages are integrated features of the Application and may have specific terms and conditions outlined in the Offer. If you do not wish to receive these in-Applications Offers and messages, you must delete the Application. If you download the Application and provide permission, we may also push notifications to your device; you can opt out of push notifications in your device’s settings.
All rights you have to use the Application are for use only on appropriate products (which may require branding from the Application Provider or other entities) and are non-transferable, except that the Application may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other Application Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Application, as specified in these Terms and Conditions, or as required under applicable law. No Application Provider has any obligation whatsoever to furnish any maintenance and support services for the Application, nor any warranties for the same.
WE DISCLAIM ALL WARRANTIES RELATED TO ANY APPLICATION. However, in the event that the Application fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the Application Provider, and the Application Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APPLICATION PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.
We, not the Application Provider, are responsible for addressing any claims relating to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Application infringes a third party’s intellectual property rights as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10. User Accounts
The Online Services may include services and/or features that allow you to open a user account to enhance such services and/or features (“User Account”). If you choose to sign up for a User Account, you must complete the registration process by providing current, complete, and accurate information as requested. We reserve the right to take any and all actions necessary to protect the security of the Online Services, including terminating your User Account, changing your password, or requesting information on your User Account. We have no responsibility for any loss caused by your failure to input or maintain the currency, completeness, and accuracy of your registration data. The creation of a User Account will require you to choose a user name and password. You agree to:
i. maintain the confidentiality of your user name, password and other account information, including signing out of your User Account if multiple users will access the device;
ii. update any information you provide us regarding your User Account;
iii. be responsible for any and all activities that occur under your account.
iv. notify us immediately of any unauthorized use of your account; and
v. not to email, post, or otherwise disseminate any user name, password, or other information that provides you access to the Online Services. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
We may reject, and you may not use certain information like an email address, for any reason in our sole discretion. For example, we may reject the creation of a User Account because an email or alternative method for creating a User Account is already taken. You may only have one active account at any given time, and you may not allow other people to use your User Account.
11. Online Ordering
The Online Services may include the ability to order online from participating franchised restaurants (“Operators”). These Terms and Conditions apply only to orders placed through the Online Services. Ordering may not be available through the Online Services for all restaurant locations and some restaurants do not sell all menu items. Images of menu items on the Online Services may not be identical to what is available or that you may receive from an individual restaurant.
You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. By utilizing online ordering through the Online Services, you authorize us to charge the payment method you specify. The Operator of the restaurant identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. We do not prepare the items you are purchasing from the Operator and the Operator remains responsible for all items that you purchase.
You understand that: (i) the prices for menu items displayed through the Online Services may differ from the prices offered or published by Operators for the same menu items at a restaurant location, and (ii) we reserve the right to change the prices displayed through the Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. We have no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through Online Services. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. If we are legally required to collect sales tax on your order, the tax amount will be added automatically to your purchase price. In some rare circumstances, an error in our tax database system may miscalculate the sales tax for your order. If this occurs, you may Contact Us [BK16] for a refund of the tax overcharge. You may do so any time up to two years from your date of purchase and this right to a refund is your only available remedy for a sales tax error. In some circumstances, we may deny the refund if you have failed to prove that such a sales tax error occurred or do not have proper documentation, like a receipt of purchase.
12. Delivery Services
Delivery may also be available through the Online Services and/or select third-party delivery services for qualifying orders placed at participating restaurant locations. To determine which locations in your area are participating, simply opt for delivery when placing an online order on one of our Online Services or download the third-party delivery service’s mobile application, input your delivery address, and you will be able to order from participating restaurants in your area. When ordering through a third-party delivery service, you understand and agree that you are placing the order and paying that third-party service provider and not us or a restaurant Operator. The delivery services, regardless of whether they are placed through Online Services or a third party, are provided by the third party, and we have no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
13. Links to Other Sites
We do not guarantee that you will receive an alert when you leave the Online Services, and it is your responsibility to determine when you have left the Online Services.
14. Links to the Online Services
Generally, no third party may create a link to the Online Services from another website, online service, or document without our prior written consent. Anyone linking to the Online Services must comply with all applicable laws, the following guidelines and these Terms and Conditions. With our prior written consent, a Third Party Site may link to the Online Services, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Online Services may not:
● Create a border or browser environment around Online Services content,
● Imply that we endorse it or its products,
● Misrepresent its relationship with us,
● Present false information about us, or our products or services,
● Use our logo or name or phrases without prior written permission from us, or
● Contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.
15. Intellectual Property and DMCA.
All content on the Online Services, including, but not limited to, the "Carl’s Jr." name and logos, any graphic images, icons, logos, trade dress, photographs, audio, video, and text contained thereon (“Online Services Materials”), are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by us. Such Online Services Materials are the exclusive property of us or our licensors and, except for personal use where indicated, may not be copied, distributed, displayed, reproduced or transmitted in any form or means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written consent from us.
Nothing contained on the Online Services should be construed as granting, by implication or otherwise, any license or right to use any Online Service Materials displayed on the Online Services without the express written permission from us. Your misuse of the Online Service Materials is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. We reserve all rights pertaining to the Online Services and the Online Services Materials.
The use of Online Services Materials by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions. In addition to violating these Terms and Conditions, any unauthorized use of such Online Services Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that your work has been copied and is accessible on this Online Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following in writing:
● Identification and description with sufficient detail of the copyrighted work that you claim has been infringed;
● The URL, or other specific information on the Online Services or other information reasonably sufficient to permit us to locate the material;
● Your name, address, telephone number, and email address;
● A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
● A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
● The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
To submit a notification of claimed infringement, please contact our designated agent at the following physical or email addresses:
Designated Agent: Karen Brennan, VP Legal
Email: [email protected]
CKE Restaurants, Attention: Karen Brennan
6700 Tower Circle, Suite 1000
Franklin, TN 37067
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
● Your name, mailing address, telephone number, and email address;
● The following statement: “I consent to the jurisdiction of [insert one of the following: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the Middle District of Tennessee”;
● The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
● The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
● Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless the Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Online Services.
In case of any inconsistency between these English language Terms and Conditions and its translation into another language, this English language document controls.
17. Notification of Changes.
We may revise or otherwise change or update these Terms and Conditions from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” [BK17] legend at the top of this page to see when these Terms and Conditions was last revised. When changes are made to these Terms and Conditions, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms and Conditions as there may have been changes to our policies that may affect you. If you do not agree to these Terms and Conditions as modified, then you must discontinue your use of the Online Services. Your continued use of the Online Services will signify your continued agreement to these Terms and Conditions as revised. We will make reasonable efforts to notify you of material changes to these Terms and Conditions including posting notice on the Online Services or emailing you of the changes.
18. Governing Law and Jurisdiction.
These Terms and Conditions shall be construed and interpreted according to the laws of the State of Tennessee, United States of America, without regard to the conflict of law principles or rules and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising from or relating in any way to the Online Services will be brought exclusively in the Federal courts located in Nashville, Tennessee or State courts located in Williamson County, Tennessee, and you irrevocably agree to submit to the jurisdiction of such courts. These Terms and Conditions form the entire understanding and agreement with respect to the subject matter hereof and supersede any and all prior understandings or agreements.
The Online Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE ONLINE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a User Account, and you should use the Online Services only with the supervision of a parent or guardian who agrees to be bound by these Terms and Conditions. Additionally, certain Online Services or sections of the Online Services, as well as Promotions and commerce we may offer on the Online Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Online Services or certain sections or features of the Online Services, you should not attempt to do so.
We may assign these Terms and Conditions at any time with or without notice to you. You may not assign or sublicense these Terms and Conditions or any of your rights or obligations under these Terms and Conditions without our prior written consent.
21. Severability and Termination.
If any term or condition shall, to any extent, be invalid or unenforceable, the remainder of the terms and conditions shall not be affected thereby, nor shall the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable be affected thereby.
These Terms and Conditions and your access to the Online Services are in effect until terminated by you or us. We may terminate these Terms and Conditions and your access to the Online Services by notifying you using any contact information we have about you or by posting such termination in your User Account. You may terminate these Terms and Conditions by providing written notice of termination, including your detailed contact information and any User Account information, to us using the information in the Contact Us[BK18] section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Online Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms and Conditions concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you will immediately cease all use of and access to the Online Services; (ii) we may delete or disable access to any of your User Content at any time; and (iii) we may delete your User Account at any time. Termination of these Terms and Conditions will end your participation in any Reward Program and forfeit any benefits you have accrued thereunder. You agree that if your use of the Online Services is terminated pursuant to these Terms and Conditions, you will not attempt to use the Online Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Online Services after termination will be a violation of this Section, which survives any termination.
Even after the termination of these Terms and Conditions, your User Account, access to the Online Services, or any User Content you have posted or submitted may remain on the Online Services indefinitely.
22. DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Agreement to Arbitrate
No Class Actions
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 6700 Tower Circle, Suite 1000, Franklin, TN 37067. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your User Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms and Conditions unenforceable, that portion shall not be effective, and the remainder of these Terms and Conditions shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Severance of Arbitration Agreement
If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from these Terms and Conditions. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
23. TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Liability Disclaimer; (ii) Indemnity; and (iii) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms and Conditions are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using the Online Services, you agree that these California Civil Code Section 1542 protections no longer apply to you.
24. Contact Us
If you have any question about these Terms and Conditions, of if you have technical questions of the operations regarding the Online Services, please contact at one of the following:
6700 Tower Circle
Franklin, TN 37067
These Terms and Conditions are effective as of January 1, 2023.