Terms and Conditions of Use
THESE TERMS AND CONDITIONS OF USE (the “Agreement”) are a legal, binding agreement between you (the “End User”, “Licensee”, or “you”) and Jack’s Family Restaurants, LP (“Jack’s”), and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”, together with Jack’s, as context may require, “we”, ”us”, or “our”). This Agreement governs your use of, and access to, any Jack’s website, mobile application, or other Jack’s online service or program (including all related documentation, the “Jack’s Online Services”).
We reserve the right at any time to update, change, modify, or revise this Agreement. Any changes will become effective upon posting to the Jack’s Online Services along with the date on which it was most recently updated. Your continued access to or use of the Jack’s Online Services after any such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly for updates.
Jack’s Online Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions.
BY USING JACK’S ONLINE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) ARE AT LEAST 13 YEARS OF AGE OR OLDER; (C) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE JACK’S ONLINE SERVICES. IF YOU ARE DISSATISFIED WITH THE JACK’S ONLINE SERVICES IN ANY WAY, INCLUDING WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE JACK’S ONLINE SERVICES.
1. License Grant. The Jack’s Online Services and all content, information, and other materials featured, displayed, contained, and available on Jack’s Online Services (collectively, “Materials”) are owned by or licensed to Jack’s and its Affiliates. Subject to the terms of this Agreement, we grant you a license that is limited, non-exclusive, nontransferable, worldwide, and perpetual unless terminated in accordance with the terms of this Agreement, to:
(a) use, display, download and install the Jack’s Online Services for noncommercial purposes only;
(b) view, display, copy, download, and print the Materials solely for your own personal, noncommercial use, with all copyright, trademark, and other proprietary notices contained on the Materials retained on all copies thereof.
2. License Restrictions. Licensee shall not:
(a) copy the Jack’s Online Services or its Materials, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Jack’s Online Services or its Materials;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Jack’s Online Services or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Jack’s Online Services or its Materials, including any copy thereof;
(e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Jack’s Online Services;
(f) use any “deep-link, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (i) access, acquire, copy, or monitor any portion of the Jack’s Online Services or the Materials; (ii) reproduce or circumvent the navigational structure or presentation of the Jack’s Online Services or the Materials; or (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Jack’s Online Services;
(g) attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means; circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Jack’s;
(h) use the Jack’s Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
(i) use the Jack’s Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
(j) use the Jack’s Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
(k) use any device, software or routine to interfere or attempt to interfere with the proper working of the Jack’s Online Services or with any other person’s use or enjoyment of the Jack’s Online Services;
(l) transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
(m) frame or mirror any portion or feature of the Jack’s Online Services;
(n) forge headers or otherwise manipulate identifiers;
(o) post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
(p) submit or post any false or misleading information; and
(q) violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Jack’s, its Affiliates, or any other person or entity.
Jack’s and its Affiliates reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Jack’s Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates this Agreement and/or applicable law.
3. Reservation of Rights. You acknowledge and agree that the Jack’s Online Services is provided to you under license, not sold to you. You do not acquire any ownership interest in the Jack’s Online Services under this Agreement, or any other rights thereto other than to use the Jack’s Online Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Jack’s and its Affiliates reserve and shall retain our entire right, title, and interest in and to the Jack’s Online Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Login and Registration. Certain programs, offers, features, or services offered on or through Jack’s Online Services may require you to complete a registration process and/or setup an account or login. In connection with, you agree to provide true, accurate, current, and complete information about yourself and maintain and promptly update your information to keep it true, accurate, current, and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Jack’s Online Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Jack’s has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
[6. User Contributions. The Jack’s Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Jack’s Online Services.
All User Contributions must comply with the Content Standards set out in this Agreement.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Jack’s Online Services, you grant us, our Affiliates, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates, and our respective licensees, successors, and assigns, and
(b) All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Jack’s or its affiliates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other use of the Jack’s online Services.]
[7. Content Standards. These content standards apply to any and all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.]
[8. Monitoring and Enforcement.
We have the right to:
(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Jack’s Online Services or the public, or could create liability for Jack’s or its Affiliates;
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Jack’s Online Services;
(e) Terminate or suspend your access to all or part of the Jack’s Online Services for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Jack’s Online Services. YOU WAIVE AND HOLD HARMLESS JACK’S AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JACK’S OR ITS AFFILIATES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER JACK’S OR ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Jack’s Online Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.]
[9. Linking to the Services and Social Media Features.
(a) You may link to Jack’s Online Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Jack’s Online Services may provide certain social media features that enable you to:
(i) link from your own or certain third-party websites to certain content on the Jack’s Online Services;
(ii) send emails or other communications with certain content, or links to certain content, on the Jack’s Online Services.
(iii) Cause limited portions of content on the Jack’s Online Services to be displayed or appear to be displayed on your own or certain third-party websites.
(b) You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(i) establish a link from any website that is not owned by you;
(ii) cause the Jack’s Online Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
(iii) link to any part of Jack’s Online Services other than the portion provided; or
(iv) otherwise take any action with respect to the Materials that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.]
10. Mobile App; Updates.
(a) In order to use Jack’s Online Services made available through a mobile device application (the “Mobile App”), you must have a compatible mobile device. Jack’s does not warrant that the Mobile App will be compatible with your mobile device.
(b) If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google Inc., and their subsidiaries, respectively, shall be a third party beneficiary to this contract and you agree that these third party beneficiaries have the right to enforce this Agreement against you. However, these third-party beneficiaries are not a party to this Agreement and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
(c) Jack’s reserves the right to, from time to time in its sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”) to the Jack’s Online Services, including to the Mobile App. Updates may also modify or delete in their entirety certain features and functionality. You agree that Jack’s has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet, either the Mobile App will automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates.
You acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to promptly download and install all updates as they become available. You further agree that all Updates will be deemed part of the Mobile App and be subject to all terms and conditions of this Agreement.
11. Geographic Restrictions. The Jack’s Online Services are based in the United States and provided for access and use only by persons located in the United States.
12. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). All statements and/or opinions expressed in these Third-Party Materials, and all articles and responses to questions and other content, other than the content provided by the Jack’s, are solely the opinions and the responsibility of the person or entity providing those Third-Party Materials. These Third-Party Materials do not necessarily reflect the opinion of the Jack’s. You acknowledge and agree that Jack’s is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Jack’s does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Reliance on Information Posted. The information presented on or through the Jack’s Online Services 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 Jack’s Online Services, or by anyone who may be informed of any of its contents.
Copyright Infringement Notification. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the Jack’s Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Materials or block access to them. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details.
If you believe that your work has been improperly copied and posed on the Jack’s Online Services, then please provide us with the following information:
(a) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the applicable Jack’s Online Service and a description of where the Material that you claim is infringing is located within such Jack’s Online Service;
(d) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
These requirements must be followed to give us a legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
Jack’s suggests that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
15. Term and Termination. The term of this Agreement commences when you use Jack’s Online Services and will continue in effect until terminated by you or Jack’s as set forth in this Section 14. You may terminate this Agreement by ceasing use of Jack’s Online Services. Jack’s may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Jack’s Mobile Services and delete all copies of the Mobile App from your mobile device and account. Termination will not limit any of Jack’s rights or remedies at law or in equity.
16. Disclaimer of Warranties. THE JACK’S MOBILE SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JACK’S, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, JACK’S PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE JACK’S ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JACK’S OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE JACK’S ONLINE SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE JACK’S ONLINE SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR JACK’S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Jack’s, its Affiliates, and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Jack’s Online Services or your breach of this Agreement, including but not limited to the content you submit or make available through the Jack’s Online Services.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or Jack’s Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in [Birmingham] and [Jefferson County]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR JACK’S ONLINE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, along any policies or agreements incorporated herein, constitutes the entire agreement between you and Jack’s with respect to Jack’s Online Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.