FRANCHISED OPERATOR TERMS AND CONDITIONS OF USE
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using These Franchised Operator Online Services
Peter Cestrone is the franchised operator of the Chick-fil-A restaurant business featured on this website (“Operator”). These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, this Operator website and any Operator mobile application, online service or program where these Terms and Conditions of Use are posted or linked (“Operator Online Service”). These Terms and Conditions of Use are a legal and binding agreement between you and Operator governing your use of this Operator Online Service, which includes the programs, content, information, services, and features made available through this Operator Online Service. If you do not agree to these Terms and Conditions of Use, then you should not use this Operator Online Service.
Your use of this Operator Online Service is at your risk. If you are dissatisfied with this Operator Online Service in any way, its programs, contents, or features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using this Operator Online Service.
Relationship to Chick-fil-A, Inc.
Operator independently owns and operates the franchised Chick-fil-A® restaurant business featured on this Operator Online Service (“Franchised Restaurant”) (Operator and this Franchised Restaurant are collectively referred to herein as “we”, “us”, or “our”). As an independent franchised business, we are separate and legally distinct from Chick-fil-A, Inc. (“Chick-fil-A, Inc.”) and its affiliates, subsidiaries and related entities such as CFA Properties, Inc. and CFA Servco, Inc. (collectively referred to herein as “Affiliates”). Chick-fil-A, Inc. is not responsible or liable for Operator or this Franchised Restaurant. Operator Online Services may link to Chick-fil-A Inc.’s websites, mobile applications, and online services; Chick-fil-A, Inc., however, is not responsible or liable for this Operator Online Service.
The Chick-fil-A, Inc. Franchise System
Chick-fil-A, Inc. owns and operates a franchise system that is a restaurant network made up of company-owned, franchised, and licensed Chick-fil-A® restaurant businesses. Chick-fil-A franchisees (“Franchised Operators”) own and operate their own individual franchised businesses. Chick-fil-A licensees (“Licensees”) are granted a license to use Chick-fil-A’s trade name and marks in the sale of Chick-fil-A products at Chick-fil-A licensed locations. Franchised Operators and Licensees are independent third parties.
Modifications to These Terms and Conditions of Use
Operator reserves 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 this Operator Online Service, 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 this Operator Online Service after any such changes constitutes 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 this Operator Online Service
This Operator Online Service and all content, information, and other materials featured, displayed, contained, and available on this Operator Online Service, 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 Operator and/or Chick-fil-A, Inc. 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 this Operator Online Service 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, this Operator Online Service or its 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.
You agree to abide by all additional terms, conditions, and restrictions included within the Operator Online Service, the Materials, and/or the programs, features, and services.
Operator may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Operator Online Service, or any portion thereof; (2) change, revise, or modify this Operator Online Service, the Materials, or any portion thereof; (3) interrupt the operation of this Operator Online Service ,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 this Operator Online Service, 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 this Operator Online Service, the Materials, and its 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 this Operator Online Service or the Materials;
- use this Operator Online Service 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 this Operator Online Service 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 this Operator Online Service;
- use this Operator Online Service 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 this Operator Online Service or the Materials; (2) reproduce or circumvent the navigational structure or presentation of this Operator Online Service or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Operator Online Service;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of this Operator Online Service or with any other person’s use or enjoyment of this Operator Online Service;
- 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 Operator;
- 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 liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Operator, Chick-fil-A, Inc., its Affiliates, 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 this Operator Online Service, the Materials, users, this Franchised Restaurant, Chick-fil-A, Inc. and its Affiliates, the Chick-fil-A® brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
We may, but shall not be obligated to, in our sole discretion, post any Submission on this Operator Online Service and identify you as the submitting party. Furthermore, Chick-fil-A, Inc. may, but shall not be obligated to, in its sole discretion, post any Submission on any Chick-fil-A, Inc. online services and identify you as the submitting party. We and/or Chick-fil-A, Inc. 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 or Chick-fil-A, Inc. in a negative way or in any manner not consistent with the Chick-fil-A® brand and/or reputation, as determined by us and Chick-fil-A, Inc. in our sole discretion.
You agree that any statements that you make about us, Chick-fil-A®, or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us, Chick-fil-A®, 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 this Operator Online Service 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 this Operator Online Service, 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 Operator Online Service and a description of where the Material that you claim is infringing is located within such Operator 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:
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 this Operator Online Service 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 Operator immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by us or any other Operator 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. Operator 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
Links To Third Party Sites
This Operator Online Service may contain links to other third-party websites, including, without limitation, Chick-fil-A, Inc. websites (e.g., www.chick-fil-a.com, www.shopchick-fil-a.com, www.eatmorechicken.com, www.chick-fil-aforbreakfast.com) and mobile applications, the websites of other Franchised Operators and Licensees, 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 “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. Operator 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, Inc. website or mobile application), 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 Linked Site.
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. Chick-fil-A, Inc. is a licensee of CFA Properties and 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 trademark notice or legend indicating the registration or ownership by CFA Properties anywhere in the text of this Operator Online Service does not constitute a waiver of CFA Properties’ trademark or other intellectual property rights concerning those names or the logos used or referenced on this Operator Online Service.
The trademarks, logos, service marks, and all other source identifying indicia displayed on this Operator Online Service (collectively, the "Chick-fil-A Intellectual Property") are owned and copyrighted by or licensed to CFA Properties or others with all rights reserved unless otherwise noted. The use of Chick-fil-A 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, is strictly prohibited without prior express written permission from CFA Properties.
Nothing contained on this Operator Online Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Chick-fil-A Intellectual Property without prior express written permission. You are strictly prohibited from using any Chick-fil-A Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and its licensee(s) will aggressively enforce intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit this Operator Online Service 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 this Operator Online Service. 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.
Operator makes no representations or warranties regarding this Operator Online Service and the Materials.
WE DO NO WARRANT THAT THIS OPERATOR ONLINE SERVICE 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 THIS OPERATOR ONLINE SERVICE OR THE MATERIALS, PROGRAMS, FEATURES AND SERVICES MADE AVAILABLE THROUGH THIS OPERATOR ONLINE SERVICE OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THIS OPERATOR ONLINE SERVICE AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THIS OPERATOR ONLINE SERVICE 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 CHICK-FIL-A, INC., ITS AFFILIATES, AND ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS OPERATOR ONLINE SERVICE AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THIS OPERATOR ONLINE SERVICE.
Limitations of Liability
IN NO EVENT SHALL WE, OUR PROVIDERS, CHICK-FIL-A, INC. AND ITS AFFILIATES (INCLUDING OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) 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 THIS OPERATOR ONLINE SERVICE AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THIS OPERATOR ONLINE SERVICE, 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 Operator, the Franchised Restaurant, its Providers, Chick-fil-A, Inc. and its Affiliates, and its and their respective officers, directors, employees, and agents 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 this Operator Online Service, and the Materials, programs, features, and services made available through this Operator Online Service.
International Users and Choice of Law
No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, features, or services made available through this Operator Online Service, create any partnership, joint venture, employment, or other agency relationship between Operator and/or the Franchised Restaurant 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 Operator may, in its sole discretion and without prior notice, block and/or terminate your access to this Operator Online Service 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 Operator. 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 Operator 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 Operator. You agree that Operator will not be liable to you or to any third party for termination of your access to this Operator Online Service as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations, and Severability
If you have any questions about this Operator Online Service or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:
Terms and Conditions of Use last updated on March 29, 2016.
Copyright © 2016 Peter Cestrone. All rights reserved.