LEGAL NOTICE TERMS AND CONDITIONS OF USE
Please Read These Terms Carefully Before Using This Site
This Website (“Site”) is provided by
John Natolly, the franchised Operator of
the Chick-fil-A restaurant business featured on this Site (the “Operator”) and may
be used for informational purposes only. The Operator is an independent, franchised
business person who is separate and legally distinct from Chick-fil-A, Inc. and
its affiliates. By accessing this Site, downloading or using materials from this
Site and/or uploading or sending materials or information to this Site, you agree
to abide by these terms and conditions. If you do not agree, then you should not
use this Site.
Your Use of this Site
Subject to your compliance with the terms and conditions set forth herein, the Operator
grants you a non-exclusive, non-transferable, limited right to access, use and display
this Site and the materials hereon. You agree not to interrupt or attempt to interrupt
the operation of this Site in any way or circumvent or attempt to circumvent any
security feature of this Site. The Operator authorizes you to view, download, copy
and print the information (“Materials”) on this Site only for your personal, informational,
non-commercial use. This authorization is not a transfer of any title or intellectual
property rights in the Materials, and/or copies of the Materials and is subject
to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright, trademark
and other proprietary notices contained in the Materials.
- You may not modify the Materials in any way or reproduce or publicly display, perform,
or distribute or otherwise use the Materials for any public or commercial purpose.
- You must not transfer the Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising under these Terms and Conditions
of Use.
You agree to abide by all additional restrictions displayed on this Site as it may
be updated from time to time. This Site, including all Materials, is copyrighted
and protected by worldwide copyright laws and treaty provisions. You agree to comply
with all copyright laws worldwide in your use of this Site and to prevent any unauthorized
copying of the Materials. Except as expressly provided herein, neither the Operator
nor Chick-fil-A, Inc. grants any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
Submissions
Subject to this Privacy Policy, all remarks, suggestions, ideas, graphics, or other
information communicated to the Operator through this Site (together, the "Submission")
will be the property of the Operator, subject to the terms of the Operator Agreement
between the Operator and Chick-fil-A, Inc. Subject to this Privacy Policy, the Operator
will not be required to treat any Submission as confidential. Neither the Operator
nor Chick-fil-A, Inc. will be liable to you for any ideas provided by you for their
respective businesses (including without limitation, product or advertising ideas)
and will not incur any liability as a result of any similarities that may appear
in any authorized future Chick-fil-A operation. Without limitation, the Operator
will have exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere, subject to the terms of the Operator Agreement
between the Operator and Chick-fil-A, Inc. Except as noted below in this paragraph,
the Operator and Chick-fil-A, Inc. will be entitled to use the Submission for any
commercial or other purpose whatsoever without compensation to you or any other
person sending the Submission. By providing any Submission, you grant the Operator
and Chick-fil-A, Inc. an unrestricted, irrevocable, worldwide, royalty-free license
to use, reproduce, display, publicly perform, transmit and distribute such information
and materials, and you further agree that the Operator, Chick-fil-A, Inc. and Chick-fil-A,
Inc.’s designees are free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to the Operator. Personally identifiable information
that may be received at this Site is provided voluntarily by a visitor to this Site.
Except as provided in our Privacy Policy, this information is for internal purposes
only and is not sold or otherwise transferred to third parties or to other entities
who are not involved in the operation of this Site.
You acknowledge that you are responsible for whatever material you submit, and you,
not the Operator have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright. You further recognize
that the Operator does not want you to, and you warrant that you shall not, provide
any information or material to the Operator that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the proprietary material
of another.
Third Party Sites
As a convenience to you, the Operator may provide, on this Site, links to websites
operated by other entities, including Chick-fil-A, Inc. and its affiliates. If you
use these other websites, you will leave this Site. If you decide to visit any linked
site, you do so at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. You should refer
to the policies posted on other websites before you use them. The Operator makes
no warranty or representation regarding, and does not endorse, any linked websites
or the information appearing thereon or any of the products or services described
thereon. If you choose to purchase any product or service from a third party (including,
without limitation, Chick-fil- A, Inc., its affiliates or another franchised Operator
of a different Chick-fil-A restaurant business), your relationship is with that
third party. You agree that the Operator is not responsible for (i) the quality
of third party products or services, or (ii) fulfilling any of the terms of your
agreement with the seller, including, but not limited to, the delivery of products
and services and warranty obligations related to products and services. You agree
that the Operator is not responsible for any loss or damage you may incur by reason
of any dealing that you may have with a third party. Links do not imply that the
Operator or this Site sponsors, endorses, is affiliated or associated with, or is
legally authorized to use any trademark, trade name, logo or copyright symbol displayed
in or accessible through the links.
Changes
The Operator reserves the right in his or her sole discretion, at any time and without
advance notice, to change, modify, add or remove any portion of these Terms and
Conditions of Use in whole or in part, at any time, and any such change will be
effective when notice of such change is posted. Your continued use of this Site
after any changes to these Terms and Conditions of Use are posted constitutes your
acceptance of those changes.
The Operator may terminate, change, revise, modify, suspend or discontinue any aspect
of this Site, including the availability of any features of this Site, at any time.
The Operator may also impose limits on certain features and services or restrict
your access to parts or the entire Site without advance notice and without liability.
The Operator may, at any time and without advance notice, terminate the authorization,
rights and license given above and, upon such termination, you shall immediately
destroy all Materials. You may terminate this agreement by destroying: (a) all materials
obtained from this Site and any other Chick-fil-A sites, and (b) all related documentation
and all copies and installations.
Code of Conduct
You agree to use this Site only for lawful purposes. You are prohibited from posting
or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including, but not limited to,
any material that gives or encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local, state,
national or international law.
The Operator reserves the right to prohibit conduct, communications or content that
the Operator, in his or her sole discretion, deems to be harmful to individual users,
Chick-fil-A, Inc. or its affiliates, the Chick-fil-A® brand, or any third party
or that violates applicable law. If the Operator is notified of any defamatory,
damaging, illegal or offensive content provided by you, the Operator or his or her
designee may investigate the allegation and determine in the Operator’s sole discretion
whether to remove or request the removal of such content from this Site. The Operator
may disclose any content or electronic communication of any kind (i) to satisfy
any law, regulation or governmental request; (ii) if such disclosure is necessary
or appropriate to operate this Site; or (iii) to protect the rights or properties
of the Operator, Chick-fil-A, Inc. or its affiliates, our users and our Providers,
as defined below.
Privacy and Security
The Operator is committed to safeguarding your privacy when you visit this Site.
The Operator’s use of your personally identifiable information is set forth in the
Operator’s Privacy Policy set forth on this Site, and by accessing this Site you
agree to be bound by the Privacy Policy. Please be advised that while the Operator
will utilize certain tools to prevent the unauthorized access to or interception
of your personally identifiable information, there can be no guarantee of security.
IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION,
DESPITE THE OPERATOR’S PROTECTIVE MEASURES, NEITHER THE OPERATOR NOR CHICK-FIL-A,
INC. WILL BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY
DIRECT, SPECIAL, INCIdENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT
YOU MAY SUFFER, EVEN IF THE OPERATOR OR A THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE OPERATOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED,
THAT THE INFORMATION YOU PROVIdE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED
ACCESS.
Trademark Information and Ownership of Intellectual Property
Chick-fil-A® is a registered trademark of CFA Properties, Inc. (“CFA Properties”)
and is registered in the United States and other countries. Chick-fil-A, Inc. is
a licensee of CFA Properties and the Operator is a franchisee of Chick-fil-A, Inc.
Pursuant to each Operator Agreement, Chick-fil-A, Inc. sublicenses the right to
use certain marks to each franchised Operator. The absence of a product or service
name or logo belonging to CFA Properties anywhere in the text of this Site does
not constitute a waiver of Chick-fil-A’s trademark or other intellectual property
rights concerning that name or logo used or referenced on this Site.
The trademarks, logos, service marks, and all other source identifying names and
graphics displayed on this Site, and this Site and all of its contents including,
but not limited to, all text, images and audio (collectively, the “Intellectual
Property”), are owned and copyrighted by CFA Properties or others with all rights
reserved unless otherwise noted. CFA Properties does not permit the use of its Intellectual
Property in advertising, as an endorsement for any product or service, or for any
other purpose, commercial or otherwise, without CFA Properties’ prior express written
permission.
Nothing contained on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Intellectual Property without
the prior express written permission of CFA Properties or such other third party
that may own the Intellectual Property. Your use of the Intellectual Property, or
any other content on this Site, except as provided in these Terms and Conditions
of Use, is strictly prohibited. You are also advised that CFA Properties and/or
its licensee(s) will aggressively enforce intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution.
No Warranties; Limitations of Liability
You expressly agree that your use of this Site is at your sole risk. Neither the
Operator, nor any of its employees, agents, third party content providers, sponsors,
licensors or the like (collectively, “Providers”) warrant that this Site will be
continuous, uninterrupted or error-free; nor do the Providers make any warranty
as to the results that may be obtained from the use of this Site, or as to the accuracy,
reliability or currency of any content, information, product or service provided
through this Site.
THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE
OPERATOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE,
STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE SOFTWARE MADE AVAILABLE
ON THIS SITE, ARE PROVIdED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE OPERATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL THE OPERATOR, CHICK-FIL-A, INC. OR ANY OF THEIR AFFILIATES, PARENTS
OR SUBSIdIARIES (INCLUDING THEIR AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) BE LIABLE
TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT
LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING
FROM YOUR USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS PARAGRAPH
SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIdENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT
YOU PAId TO ACCESS THIS SITE.
Indemnification
You agree to indemnify, defend and hold harmless the Operator, Chick-fil-A, Inc.
and their respective directors, officers, employees, agents and representatives
from and against any and all claims, damages, losses, costs (including reasonable
attorneys’ fees) or other expenses that arise directly or indirectly out of or from
(i) your breach of these Terms and Conditions of Use; (ii) your violation of the
Code of Conduct set forth above; and (iii) your activities in connection with this
Site.
International Users and Choice of Law
This Site is controlled, operated and administered by the Operator and its service
provider designees from offices located within the United States of America. The
Operator makes no representation that Materials on this Site are appropriate or
available for use at other locations outside of the United States, and access to
them from territories where their contents are illegal is prohibited. You may not
use this Site or export the Materials in violation of U.S. export laws and regulations.
If you access this Site from locations outside of the United States of America,
you are responsible for compliance with all local laws. These Terms and Conditions
of Use shall be governed by the laws of the State of Georgia, U.S.A., where the
Operator’s franchisor and third-party content providers are located, without regard
to conflict of laws provisions or principles.
Termination
The Operator or you may terminate this agreement at-will at any time, with or without
advance notice or cause. You may terminate this agreement by destroying: (a) all
materials obtained from this Site and any other Chick-fil-A sites, and (b) all related
documentation and all copies and installations.
Entire Agreement, Claims Limitations and Severability
These Terms and Conditions of Use, together with the Operator’s Privacy Policy,
constitute the entire agreement between the Operator and you with respect to your
use of this Site. Any cause of action you may have with respect to your use of this
Site must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of these
Terms and Conditions of Use or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to affect the intent there,
and the remainder of these Terms and Conditions of Use shall continue in full force
and effect.