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
John Smith 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
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
this Operator Online Service (“Franchised Restaurant”) (Operator and this Franchised Restaurant
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
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
(“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
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
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
- modify, adapt, translate, or reverse engineer any portion of this Operator Online Service or the
- 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
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 that violates these Terms and Conditions of Use and/or applicable law.
Except for any personally identifiable information we may collect from you under the guidelines
other information you communicate or submit to us through this Operator Online Service or otherwise
("Submissions") will be considered non-confidential and non-proprietary and will be subject to
of the Operator Agreement between the Operator and Chick-fil-A, Inc. By providing a Submission to us,
you expressly grant us and Chick-fil-A, Inc. 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,
ideas, 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 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
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,
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
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
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:
Franchised Restaurant Operator: John Smith
Address: 1085 Baker Lane, Asheville, NC 28803
Via the web: Bakerlane
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
Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions")
made available through this Operator Online Service or the Franchised Restaurant 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. Operator urges you to read the applicable rules, which are linked from the particular
governs any information you submit in connection with any such 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
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.
of these Terms and Conditions of Use by this reference. By accessing this Operator Online Service you
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
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
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
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
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
This Operator Online Service is controlled, operated, and administered by us and our Providers from
offices within the United States of America. We make no representation that Materials on this Operator
Online Service 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
Operator Online Service or export the Materials in violation of U.S. export laws and regulations. If you
access this Operator Online Service from locations outside of the United States of America, you are
shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws
provisions or principles.
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
included within this Operator Online Service and/or the Materials, program, features, and services made
available through this Online Service, as each is currently posted on this Operator Online Service,
constitute the entire agreement between us and you with respect to your use of this Operator Online
Service 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 this Operator Online Service 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
provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof,
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:
Franchised Restaurant Operator: John Smith
Address: 1085 Baker Lane, Asheville, NC 28803
Via the web: Bakerlane
Copyright © 2017 John Smith. All rights reserved.