Last Revised: December 20, 2012
ZAXBY'S WEBSITE TERMS & CONDITIONS
Zaxby's Franchising, Inc. ("Zaxby's", "we", "us", "our") welcomes you to our websites. The following terms and conditions (these "Terms & Conditions") govern your use of www.zaxbys.com, www.zaxbysfranchising.com, and any other website owned or operated by Zaxby's Franchising, Inc. or any of its subsidiaries or affiliates (collectively, the "Websites"). Please read these Terms and Conditions carefully prior to using the Websites.
TABLE OF CONTENTS
1. These Terms & Conditions and Your Use of the Websites.
2. Prohibited Conduct.
4. Intellectual Property.
5. External Websites.
8. Text Messaging Policy.
10. Limitation of Liability.
16. Governing Law & Dispute Resolution.
18. Contact Us.
Your use of the Websites is governed by the Terms & Conditions, which are a contract between you and Zaxby's regarding your use of the Websites. By using the Websites, you are agreeing to abide and be governed by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should refrain from viewing or otherwise using the Websites.
While using or viewing the Websites, you agree to refrain from:
A) Using or attempting to use any software, code, or device that may interfere with the proper functioning of the Websites;
B) Interfering or attempting to interfere with networks connected to the Websites;
C) Copying, modifying, reproducing, displaying or otherwise misappropriating any Materials without the prior written consent of Zaxby's except as specifically allowed by these Terms & Conditions;
D) Transmitting data, materials, or other files containing "Trojan horses", corrupted data, worms, computer viruses, or other electronic information that may cause the Websites to be inoperable or ineffective or that may erase data stored by Zaxby's; and
E) Delivering any communication through these Websites that:
i. Violates local, federal, state or international law;
ii. Contains obscene, abusive, defamatory, or libelous content; or
iii. Infringes upon the rights of any third party.
If you engage in any prohibited conduct while using or viewing the Websites, Zaxby's reserves the right to limit, restrict, or terminate access to the Websites or your account without notice, and Zaxby's shall not be liable for any direct, indirect, consequential, special or punitive damages arising out of or relating to any limitation, restriction, or termination of your access to the Websites or your account.
The Websites contain and reference trademarks, patents, trade secrets, technologies, products, or other proprietary rights owned by Zaxby's or its subsidiaries or affiliates. You are not granted any license or right in or to such intellectual property by your use of the Websites, and you may not remove or reproduce any such material except as expressly permitted by these Terms & Conditions.
You may not copy, distribute, republish, upload, post or transmit any of the text, images, graphics, animation, sound files, videos, or other materials located on the Websites (collectively, "Materials") without the prior written consent of Zaxby's, which consent may be given or withheld in the sole and absolute discretion of Zaxby's. You may, however, download one (1) copy of the Materials on one (1) computer, for your personal, non-commercial home use only, provided that you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the Materials for any other purpose violates Zaxby's intellectual property rights. Zaxby's is the sole owner of all Materials on the Websites, and you receive no license, right, or title to any intellectual property by your use of the Websites.
The Websites and all Materials contained therein are copyrighted property of Zaxby's and are protected by U.S. copyright laws. The following trademarks used on the Websites are owned by Zaxby's: A Fresh Approach to Chicken, Be Good to Your Buds, Big Zax Snak, Buffalo Fingerz, Cajun Club, Chicken Fingerz, Kickin' Chicken Sandwich, Kiddie Cheese, Kiddie Finger, Honey Hot Muztard, Indescribably Good, Meal Dealz, Onion Peel, Party Platterz, Ranchero Zalad, Terizaki, Tongue Torch, Zalad, Zalads, Zappetizers, Zax Pak, Zax Sauce, Zax Snak, Zaxby's, Zaxby's Chicken Fingers and Buffalo Wings (and design), Zaxby's Real Chicken (and design), Zestable Dip, Zax Kidz, and Zax Kidz Club
From time to time, Zaxby's may offer text-messaging promotions in our restaurants or on the Websites. By texting ZAXBYS to 56593, you are agreeing to receive promotional offers and notifications from Zaxby's via text message. Standard message and data rates may apply to text messages you receive from Zaxby's. For your privacy, Zaxby's will not release your name, e-mail address, or telephone number to any outside company. You may cancel your enrollment in Zaxby's text messaging program at any time by texting STOP to 56593. For technical support, text HELP to 56593 or call our support line at 1-800-428-4114. To participate in the Zaxby's text messaging program, you must have a two-way text-enabled cellular telephone with a compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Cricket, MetroPCS, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, and Virgin Mobile USA.
To the fullest extent permitted by law, Zaxby's provides the Websites and the Materials, functions, and other content contained in the Websites on an "as-is" basis and without any warranties of any kind, either expressed or implied. Zaxby's disclaims all warranties of merchantability and fitness for a particular purpose and specifically does not warrant that the Materials, content or functions contained in the Websites will be error-free, uninterrupted, or free of viruses or other harmful components.
To the fullest extent permitted by law, Zaxby's shall not be liable for any direct, indirect, consequential, special or punitive damages arising out of or relating to the use or performance of the Websites or the performance or non-performance by Zaxby's or any of its subsidiaries, affiliates, or third-party providers of products or services relating to the Websites. The Websites also may contain links to external websites . Zaxby's is not responsible for the content of such external websites and shall not be vicariously liable for any direct, indirect, consequential, special or punitive damages arising out of or relating to your use of external websites linked to the Websites.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Zaxby's from and against any and all claims, demands, actions, causes of action, damages, obligations and expenses of whatever kind or nature, including, but not limited to, third party claims, that arise out of or are related to your use of the Websites or your violation of these Terms & Conditions.
Zaxby's failure to enforce strict compliance with these Terms & Conditions shall not be construed as a waiver by Zaxby's of its rights to enforce strict compliance with these Terms & Conditions in the future.
You may not transfer or assign your rights or obligations under these Terms & Conditions without the prior written consent of Zaxby's, which consent may be given or withheld in the sole and absolute discretion of Zaxby's.
Zaxby's reserves the right to restrict, limit or terminate your access to the Websites and your account, if applicable, at any time without notice. All provisions of these Terms & Conditions that by their nature or terms must extend beyond termination to be effective shall survive termination of this Agreement, including, but not limited to, Sections 3,4,8,9,10, and 11 of these Terms & Conditions.
If any provision of these Terms & Conditions is held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of these Terms & Conditions.
These Terms & Conditions and your access and use of the Websites each are governed by the laws of the State of Georgia without giving effect to any conflicts of law or choice of laws principles. You expressly agree that exclusive jurisdiction for any action, controversy, claim or dispute arising out of or relating to these Terms & Conditions or the Websites lies in the courts located in the State of Georgia. By using the Websites, you submit to personal jurisdiction in such courts for the purpose of any legal action.
By visiting our Website, you are agreeing to abide by these Terms & Conditions. From time to time, we may need to revise our Terms & Conditions to reflect changes in our practices and policies. When we update these Terms & Conditions, we will post the changes here immediately. Thereafter, your continued use of this Website constitutes acceptance of our revised Terms & Conditions.
Zaxby's Franchising, Inc.
Attn: Marketing Department
1040 Founders Blvd.
Athens, GA 30606