Dwarf House, Inc.
Legal Notice: Terms and Conditions of Use
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using These Franchised Operator Online Services
Dwarf House, Inc. owns and operates certain Dwarf House restaurants, including this restaurant, among others ("Dwarf House”, “we”,
“us”, or “our”).These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of,
any Dwarf House website, mobile application,and online service or program where these Terms and Conditions of Use are posted or linked (the “Dwarf House
Online Services”). These Terms and Conditions
the programs, content, information, services, and features made available through the Dwarf House Online Services. If you do not agree to these Terms and
Conditions of Use, then you should not use the Dwarf House Online Services.
Your use of the Dwarf House Online Services is at your risk. If you are dissatisfied with the Dwarf House Online Services in any way or these Terms
and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Dwarf House Online Services.
Relationship to Chick-fil-A, Inc.
Dwarf House is an affiliate of Chick-fil-A, Inc. Chick-fil-A, Inc. and, as applicable, its affiliates, subsidiaries, and related entities, such as CFA
Properties, Inc. and CFA Servco, Inc., are collectively referred to herein, as the context may require, as “Chick-fil-A”. As an affiliate of Chick-fil-A,
Dwarf House is separate and distinct from Chick-fil-A, its other affiliates, and its franchisees and licensees. As an independent third party, this Privacy
Policy only applies to the information practices of Dwarf House. The Dwarf House Online Services may link to Chick-fil-A’s websites, mobile applications,
and online services; Chick-fil-A, however, is not responsible or liable for the Dwarf House Online Services.
Modifications to These Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the
Dwarf House Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and
Conditions of Use. Your continued access to or use of the Dwarf House Online Services after any such changes indicates your acceptance of the Terms and Conditions
of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of the Dwarf House Online Services
The Dwarf House Online Services and all content, information, and other materials featured, displayed, contained, and available on the Dwarf House Online Services,
including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages,
screens, content arrangement, and computer programs (collectively, the "Materials") are owned by or licensed to Dwarf House and/or Chick-fil-A and are protected by copyright,
trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your
compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and
download the Dwarf House Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your
own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof.
You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from,
sell, or exploit, in whole or in part, the Dwarf House Online Services or its Materials. Except as expressly provided herein, Dwarf House does not grant any
express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the Dwarf House Online Services, the Materials, and/or the programs, features, and services.
Dwarf House may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Dwarf House Online Service,
or any portion thereof; (2) change, revise, or modify the Dwarf House Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Dwarf
House Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits
on certain programs, features, and services, or restrict your access to the Dwarf House Online Services, in whole or in part; and/or (5) terminate the authorization,
rights, and license given above, upon which you shall immediately destroy all Materials.
You agree to use the Dwarf House Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable
laws and regulations. You agree not to:
- modify, adapt, translate, or reverse engineer any portion of the Dwarf House Online Services or the Materials;
- use the Dwarf House Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the Dwarf House Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of the Dwarf House Online Services;
- use the Dwarf House Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process,
to: (1) access, acquire, copy, or monitor any portion of the Dwarf House Online Services or the Materials; (2) reproduce or circumvent the navigational structure or
presentation of the Dwarf House Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely
made available through the Dwarf House Online Services;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Dwarf House Online Services or with any other person’s use or
enjoyment of the Dwarf House Online Services;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Dwarf House;
- forge headers or otherwise manipulate identifiers;
- 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
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Dwarf House, Chick-fil-A, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Dwarf House Online Services,
the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
ideas, photos, stories and/or other information you communicate or submit to us through the Dwarf House Online Services, via phone, or otherwise ("Submissions") will
be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant Dwarf House an unrestricted, irrevocable, perpetual,
transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute,
translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials
embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or
non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only,
your Submission as posted by us.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the Dwarf House Online Services and identify you as the submitting party. We may,
without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are
irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal
beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made
on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the
property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
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 Dwarf House Online Services infringe your copyright, you (or your agent) should send us
a notice requesting that we remove the Material or block access to it. 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 http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Dwarf House Online Services, then please provide us with the following information: (1) 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; (2) a description of the copyrighted work that you
claim has been infringed; (3) the applicable Dwarf House Online Service and a description of where the Material that you claim is infringing is located within such
Dwarf House Online Service; (4) 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 (5) 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 legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
|Dwarf House, Inc.
|ATTN: Marketing – DMCA Manager
| 221 Banks Sta
| Fayetteville, GA 30214
DMCA details are available at http://www.copyright.gov/onlinesp/.
We suggest 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.
Login and Registration
Certain programs, features, or services offered on or through the Dwarf House Online Services may require you to complete a registration process and/or setup an account or login.
In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your
information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your
login, including your password. You agree to notify Dwarf House immediately of any unauthorized use of your login, or any other breach of security. You may be held
liable for losses incurred by Dwarf House or any other Dwarf House Online Service user or visitor due to someone else using your login as a result of your failing
to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. Dwarf House shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Rules for Sweepstakes, Contests, Surveys, and Similar Promotions
Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Dwarf House Online Services will be governed by specific rules that are separate
from these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Dwarf House urges you to
with any such Promotions.
In order to use Dwarf House Online Services made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Dwarf House does not warrant that the Mobile App will be compatible with your mobile device.
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
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.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce
or remove features and functionality in prior versions of the Mobile App.
Links To Third Party Sites and Social Media Pages
The Dwarf House Online Services may contain links to other third-party websites, mobile applications, or other online services (including those provided by Chick-fil-A and the franchised operators and licensees of Chick-fil-A restaurant businesses),
and social media platforms such as Facebook or Twitter (all links to third-party websites, mobile applications, online services, and social medial platforms are
collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your
own risk. Dwarf House has no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or
service from a Linked Site (including, without limitation, from a Chick-fil-A site), your relationship is with that third party. You agree that we are not responsible
for the quality of third-party products or services, or 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. Links do not imply that we sponsor, endorse, are affiliated with or associated with,
or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such
Trademark Information and Ownership of Intellectual Property
Chick-fil-A® and Eat Mor Chikin® are registered trademarks and service marks of CFA Properties, Inc. (“CFA Properties”) in the United States and other countries.
Dwarf House® is a registered service mark of Dwarf House in the United States. Chick-fil-A is a licensee of CFA Properties. Pursuant to its license,
Chick-fil-A sublicenses the right to use certain marks to Dwarf House. The absence of a trademark notice or legend indicating the registration or ownership
by CFA Properties or Dwarf House anywhere in the text of the Dwarf House Online Services does not constitute a waiver of their respective trademark or other
intellectual property rights concerning those names or the logos used or referenced on the Dwarf House Online Services.
The Dwarf House Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Dwarf House Online Services
(collectively, the “Intellectual Property”), are owned and copyrighted by CFA Properties, Dwarf House, or others with all rights reserved unless otherwise
noted. CFA Properties and Dwarf House do not permit the use of their Intellectual Property in any manner, including advertising, as an endorsement for any
product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without prior express written permission.
Nothing contained on the Dwarf House Online Services 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, Dwarf House,
or such other third party that may own the Intellectual Property, as applicable. You are strictly prohibited from using any Intellectual Property except as expressly
provided in these Terms and Conditions of Use. You are also advised that CFA Properties, Dwarf House, and/or their licensee(s) will aggressively enforce intellectual
property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit the Dwarf House Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by
posting notices on the Dwarf House Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and
received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
Dwarf House makes no representations or warranties regarding the Dwarf House Online Services and the Materials.
WE DO NO WARRANT THAT THE DWARF HOUSE ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE DWARF HOUSE ONLINE SERVICES OR THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE DWARF HOUSE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE DWARF HOUSE ONLINE SERVICES AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE DWARF HOUSE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR
PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE
LIKE (“ROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DWARF HOUSE ONLINE SERVICES AND THE MATERIALS PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH
THE DWARF HOUSE ONLINE SERVICES.
Limitations of Liability
IN NO EVENT SHALL WE, CHICK-FIL-A, OR ANY OF OUR OR THEIR PROVIDERS 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 (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING
FROM YOUR USE OF OR INABILITY TO USE THE DWARF HOUSE ONLINE SERVICES AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE DWARF HOUSE ONLINE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH
JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless Dwarf House, Chick-fil-A, and its and their officers, directors, employees, agents, and Providers from and against any
and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these
Terms and Conditions of Use; and/or (2) your activities in connection with the Dwarf House Online Services, and the Materials, programs, features, and services made
available through the Dwarf House Online Services.
International Users and Choice of Law
The Dwarf House Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no
representation that Materials on the Dwarf House Online Services 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 the Dwarf House Online Services or export the Materials in violation of U.S. export laws
and regulations. If you access the Dwarf House Online Services from locations outside of the United States of America, you are responsible for compliance with all local
No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, features, or services of the Dwarf House Online Services, create any partnership, joint venture,
employment, or other agency relationship between Dwarf House and you. You may not enter into any contract on our behalf or bind us in any way.
Violation of these Terms and Conditions of Use and Remedies
You agree that Dwarf House may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Dwarf House Online Services if
we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation,
or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm
to Dwarf House. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary
or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Dwarf House takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay,
all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Dwarf House. You agree that Dwarf House will not be liable to you or to any
third party for termination of your access to the Dwarf House Online Services as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations, and Severability
programs, features, and services made available through the Dwarf House Online Services, as each is currently posted on the Dwarf House Online Services, constitute the entire
agreement between us and you with respect to your use of the Dwarf House Online Services and the Materials, and supersede all previous written or oral agreements between us
and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Dwarf House Online Services must be commenced within
one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of
If you have any questions about the Dwarf House Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:
||Dwarf House, Inc.
|| 221 Banks Sta
|| Fayetteville, GA 30214
|| Attn: Legal Department
Terms and Conditions of Use last updated on March 29, 2016.
Copyright © 2016 Dwarf House, Inc. All rights reserved.