Zaxby's Franchising 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 Franchising 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: Feb 02 2018
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. External Websites.
8. Text Messaging Policy.
10. Limitation of Liability.
16. Governing Law & Dispute Resolution.
18. 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. EXTERNAL WEBSITES.
8. 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.
10. 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.
16. 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.
18. CONTACT US.
Zaxby's Franchising LLC
Attn: Marketing Department
1040 Founders Blvd.
Athens, GA 30606