Zaxby's SPE Franchisor LLC (“Zaxby's”, “we”, “us”, “our”) welcomes you to our Online Services. The following terms and conditions (these "Terms & Conditions") govern your use of www.zaxbys.com, www.zaxbysfranchising.com, and any other website or mobile applications owned or operated by Zaxby's SPE Franchisor LLC or any of its subsidiaries or affiliates (collectively, the "Online Services"). Please read these Terms and Conditions carefully prior to using the Online Services.
Last Revised: Apr 20 2021
ZAXBY'S WEBSITE TERMS & CONDITIONS
TABLE OF CONTENTS
1. These Terms & Conditions and Your Use of the Online Services.
2. Prohibited Conduct.
4. Intellectual Property.
5. Ownership of ZFL Marks
6. Store Ownership and Operations
7. External Websites.
9. Zaxby's Fanz Club Loyalty Program
11.Text Messaging Policy.
13. Limitation of Liability.
19. Governing Law & Dispute Resolution.
21. Contact Us.
1. THESE TERMS & CONDITIONS AND YOUR USE OF THE ONLINE SERVICES.
Your use of the Online Services is governed by the Terms & Conditions, which are a contract between you and Zaxby's regarding your use of the Online Services. By using the Online Services, 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 Online Services.
2. PROHIBITED CONDUCT.
While using or viewing the Online Services, 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 Online Services;
B) Interfering or attempting to interfere with networks connected to the Online Services;
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 Online Services to be inoperable or ineffective or that may erase data stored by Zaxby's; and
E) Delivering any communication through these Online Services 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 Online Services, Zaxby's reserves the right to limit, restrict, or terminate access to the Online Services 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 Online Services or your account.
4. INTELLECTUAL PROPERTY.
The Online Services 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 Online Services, 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 Online Services (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 Online Services, and you receive no license, right, or title to any intellectual property by your use of the Online Services.
The Online Services 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: Big Zax Snak, Buffalo Fingerz, Cajun Club, Chicken Fingerz, Kiddie Cheese, Kiddie Finger, Indescribably Good, Ranchero Zalad, Tongue Torch (and design), Nuclear (and design), Insane (and design), Original (and design), Hot Honey Mustard (and design), Sweet & Spicy (and design), Teriyaki (and design), BBQ (and design), Spicy Honey BBQ (and design), Zalad, Zalads, Zappetizers, Zax Pak, Zax Sauce, Zax Snak, Zaxby's (and design), Zaxby's Chicken Fingers and Buffalo Wings (and design), Zaxby's Real Chicken (and design), Zestable Dip, Zax Kidz, Zuzy (and design), LZ (and design), The Official Chicken of Sports Fanz, Friends. Family. Flavor., Zaxby’s Fanz of Flavor, Zaxby’s Project Encore Sharing & Caring (and design), Chickenflage, Check-in For Chicken, Nibblerz Meal, Kidz Nibbler and Zensation
5. OWNERSHIP OF ZFL MARKS
While using or viewing the Online Services, you acknowledge and agree these activities may include certain names, marks, logos, slogans, and interior and exterior restaurant designs by which the Zaxby’s® brand is known, identified, and publicized (collectively, the “ZFL Marks”); ZFL is and shall remain the sole and exclusive owner of the ZFL Marks; and, you have not, by reason of utilizing these Online Services and/or by reason of agreeing to these Terms and Conditions, or otherwise, acquired any right, title, or interest in or claim of ownership to the ZFL Marks. You further acknowledge and agree you will not assert any right, title, or interest in or claim of Ownership to the ZFL Marks.
6. STORE OWNERSHIP AND OPERATIONS.
Each Zaxby’s Restaurant is independently owned and operated under a License Agreement with Zaxby’s Franchising LLC.
7. EXTERNAL WEBSITES.
9. ZAXBY'S FANZ CLUB LOYALTY PROGRAM.
As of March 1, 2021
By participating in the Program, members accept and agree to these Terms and Conditions and the decisions of Zaxby’s National Marketing Fund, Inc. (the “Sponsor”) which are final and binding.
- Eligible consumers who have an existing account as of January 22, 2021 on Zaxbys.com (the “Website”) or the App will automatically be enrolled in the Program.
- Eligible consumers will be automatically enrolled in the Program when they sign-up for a new account on the Website or the App.
Members may maintain only one (1) account and pooling of rewards by multiple members is not permitted. The Program is open to individuals only. Corporations, associations, including school organizations, and other groups, entities or organizations of any kind are not eligible to participate. Members cannot acces more than 2 accounts from a single device. Other restrictions or exclusions may apply.
You may download the App to your data enabled smart phone from the Apple App Store or the Google Play Store. STANDARD DATA RATES MAY APPLY. Participants should contact their carrier for pricing plans and details. Check your phone's capabilities for specific instructions. There is no guarantee that the App will work with all carriers or on all devices. Once you have downloaded the App, follow the on-screen instructions to create a member account within the App with the information requested.
New Program members (members who did not have an account either through the App or email opt-in prior to January 22, 2021) will automatically receive a reward (“Welcome Reward”) upon member account registration. The Welcome Reward will be added to the member’s account within seventy-two (72) hours of account registration. Additional restrictions may apply to a Welcome Reward and the Welcome Reward offered to a new member may vary depending on time of account registration. All details will be made available in the App at the time of account registration.
From time-to-time, Program members will automatically receive rewards in the form of free product offers and coupons and other opportunities which may be offered from time to time. To qualify for rewards, members must identify when making a purchase either by scanning their QR code in-store or at the drive through or by being logged into the website when ordering ahead. Rewards will be subject to expiration dates and separate terms and conditions which will be provided at the time of reward. Once a reward is earned, the member will receive notification of reward availability via the App (including push notifications), the Website, email and/or text depending on a member’s communication preferences. You cannot give or transfer your rewards (unless otherwise allowed in the terms of a specific reward) or membership benefits to anyone else.
Members can redeem their rewards (including Welcome Rewards) at participating Zaxby’s locations by scanning the reward at purchase via the App, as well as by ordering ahead using their loyalty account on the App or the Website. Most rewards will expire either fourteen (14) or thirty (30) days from the date of issuance, however check your reward terms for complete details. Once a reward has been redeemed, it will no longer be available to the member via the App or at the Website.
The exact rewards available to each member will vary from member to member based on a number of factors including purchase history, account registration date, and the amount of information provided to the Sponsor (e.g. Sponsor may provide birthday rewards to those members who have provided a date of birth in their account information). The availability of any reward offered is subject to change without notice at any time and subject to availability in the sole discretion of Sponsor.
General Terms and Conditions
• By participating in the Program, to the fullest extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless Sponsor, its “Affiliates”(as defined below), and each of their respective officers, directors, members, managers, partners, employees, and agents, including any third parties who assist in the administration and fulfillment of the Program (collectively, the "Sponsor Parties"), from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, suffered, paid, or incurred by the Sponsor Parties, or any of them, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any reward, your participation in the Program or any Program-related activities. This Section shall survive the termination of the Program.
• For purposes of these Terms and Conditions, the term "Affiliate" means, with respect to any person or entity, any person or entity Controlling, Controlled by or under common Control with such person or entity. The term " Control" means, with respect to any person or entity, the power to direct the management and policies of such person or entity, whether directly or indirectly, and whether through the ownership of voting interests, by contract, or otherwise, and the terms “Controlling” and “Controlled” shall have meanings correlative to the foregoing.
• By becoming a Program member, members will automatically be subscribed to receive Program communications. Members agree that Sponsor may send them information about the Program via email, mail, text or push notifications to their mobile device, depending on their communication preferences. If members do not wish to receive these communications, members can request the communications be discontinued by updating their Program account at https://www.zaxbys.com/account/zax-clubs/.
• Sponsor reserves the right to suspend or discontinue the eligibility of any member who uses, or is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
• Sponsor is not liable for problems related to any of the equipment or programming associated with or utilized by a member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or email for any reason.
• All questions or disputes regarding eligibility for the Program, rewards or a member’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion. For all such questions and disputes, please send an email to: [email protected]
• Sponsor is not responsible for any incorrect or inaccurate information supplied by members while registering for and/or participating in the Program.
• Members are responsible for maintaining current contact information, including email address and/or mobile telephone number, as applicable, as this information will be used to contact members regarding their Program activity.
• The laws of the State of Georgia without regard to its conflict of laws principles, will govern these Terms and Conditions, as well as each member’s and Sponsor’s observance of them.
• Sponsor's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
• SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
• Determination and payment of tax liability on rewards, including sales and income tax, if any, are the sole responsibility of the member.
• If a member terminates their Program account, their Program account will be closed and they will forfeit any benefits available or claimed in their Program account. Sponsor may monitor Program accounts and member activity for compliance with these Terms and Conditions. Sponsor can suspend or terminate a Program account at any time. Members may lose benefits or the ability to claim new benefits in their Program account if their account status changes, if Sponsor suspects fraudulent activity, the member sells any rewards received from the Program, or Sponsor makes changes to the Program.
• Sponsor may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for becoming a member, or any other feature of the Program (including assigning any of its obligations to member under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time at its sole discretion, by posting any such changes at https://www.zaxbys.com/terms-of-use. Sponsor may change these Terms and Conditions at any time. If a member continues to remain in the Program after the Terms and Conditions change, it means the member is accepting the changes to the Program and the Terms and Conditions.
This program is sponsored by Zaxby’s National Marketing Fund, Inc., 1040 Founders Blvd., Athens, GA 30606.
11. TEXT MESSAGING POLICY.
Zaxby's Alerts: Shortcode 56593. Sponsored by Zaxby's. You will receive up to 5 msgs/month. Autodialed marketing messages will be sent to the number provided. CONSENT IS NOT A CONDITION OF PURCHASE. Reply STOP to 56593 to quit. Reply HELP to 56593 for help. Message and data rates may apply. In the event that you change or disconnect your number, it is your responsibility to notify Zaxby's. The mobile carriers are not liable for delayed or undelivered messages.
To the fullest extent permitted by law, Zaxby's provides the Online Services and the Materials, functions, and other content contained in the Online Services 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 Online Services will be error-free, uninterrupted, or free of viruses or other harmful components.
13. LIMITATION OF LIABILITY.
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 Online Services 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 Online Services. The Online Services 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 Online Services.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Zaxby's and its affiliates and subsidiaries 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 Online Services 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 Online Services 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 of your use of the Online Services to be effective shall survive termination of the Online Services, including, but not limited to, Sections 3, 4, 8, 9, 10, 11, and 16 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.
19. GOVERNING LAW & DISPUTE RESOLUTION.
These Terms & Conditions and your access and use of the Online Services 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 Online Services lies in the courts located in the State of Georgia. By using the Online Services, you submit to personal jurisdiction in such courts for the purpose of any legal action.
By visiting our Online Services, 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 Online Services constitutes acceptance of our revised Terms & Conditions.
21. CONTACT US.
Zaxby's SPE Franchisor LLC
Attn: Marketing Department
1040 Founders Blvd.
Athens, GA 30606