Effective Date: December 16, 2011
Contact Information & Disclosure
This Site is provided by Arby's Restaurant Group, Inc. ("Arby's"). Arby's Canadian office is located at 7045 Edwards Blvd. Suite 304, Mississauga, ON L5S 1X2, (905-672-2729). If you have a complaint about our products or service or want more information about Arby's, please contact us for further information. In these Master Terms, a reference to the "Arby's" Organization includes Arby's Restaurant Group, Inc. and each of its related, affiliated or subsidiary companies and Franchisees. More information about Arby's parent, Wendy's/Arby's Group, Inc. may be found at www.wendys-invest.com ("Corporate/Investor Site"). That Site has its own terms and conditions, but they include these Master Terms. However, the Content of this Site is not incorporated into the Corporate/Investor Site.
Acceptance Of Master Terms
Intellectual Property - Grant of Limited License (Trademarks and Copyrights)
All Trademarks used in the Site are owed by or licensed to the Arby's Organization. The Site and all (without limitation) text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site (collectively, "Content") is protected by trademark, copyright and other laws and contracts. You may only use the Trademarks and Content as expressly permitted by the Master Terms. Any other use is strictly prohibited. Neither the Site nor the Content may be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way except when expressly allowed by the Master Terms or with the prior non-electric consent of Arby's. Modification or use of the materials for any other purpose may violate Arby's intellectual property rights, all of which rights are reserved. Subject to these Master Terms, Arby's grants you a revocable, nontransferable, nonexclusive, limited license to access and make use of this Site, when and as available, under the applicable terms, conditions and policies.
Copy of Contract - Other Copies
You agree to print or make an electronic copy of: (1) the Master Terms (including the incorporated terms, notices and policies), and/or (2) any contract into which the Master Terms are incorporated, and retain the copy in your records; to the extent required by law, we hereby instruct you to do so. You also agree to make a copy from time to time of other contracts, notices or similar information that we are required by law to deliver to you. You may print or make one copy of printed Content that is necessary to document a transaction (if any) at the Site. You may also print or make a copy of Content when such is expressly invited on the Site; any electronic copy must be made to or saved on only one computer for your personal and non-commercial home use and you may not change any copyright, trademark or other proprietary notice. Additionally, users of the Corporate/Investor Site may print or download a copy of Site printed information for their own information or to exercise their lawful rights as an investor or stockholder. If you modify or use the materials for any other purpose you may be violating intellectual property rights belonging to the Arby's Organization or third parties.
Accounts, Password and Security
If any offer made on or through the Site requires you to open an account, you must complete the registration process by providing current, complete and accurate information as requested by the registration form. You may also be requested to select a user name and password. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Arby's immediately of any unauthorized use of your account or other security breach. Arby's will not be responsible for any loss or expense that you may incur as a result of someone else's use of your account or password with or without your knowledge. You may be held responsible for losses incurred by Arby's or another party as the result of someone using your account or password. You are prohibited from using any other person's account without the permission of the account holder.
Privacy and Protection of Personal Information
Restrictions on Use
Unless you have first obtained our non-electronic consent, you may not do any of the following:
- Create a link to this Site;
- Use any robot, spider or other automatic device not provided by us to extract any data or Content;
- Reverse engineer or otherwise attempt to discover any source code relating to the Site or any Content or Site functionality or Services, except to the extent that such activity is expressly permitted by applicable law;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); use any meta tags or any other "hidden text" utilizing Arby's name or trademarks;
- Interfere or attempt to interfere with the intended or proper working of the Site;
- Take any action that imposes or might impose an unreasonable or disproportionately large load on the Site's infrastructure;
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. Arby's may fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or material; or
- Violate any law, contract or intellectual property right, or commit a tort. See Legal Notices for more information about some of these laws. It is Arby's policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and it also reserves the right to terminate for even one infringement.
No Payment for Submissions
This Site provides you an opportunity to communicate with us. Please be aware that Arby's does not pay for or provide any consideration for any suggestions or ideas regarding the Site or its improvement, any business or restaurant processes or procedures, marketing or advertising slogans or ideas, or any other matter (collectively a "Submission"). If you desire payment or other consideration for a Suggestion, do not submit it through the Site. You agree that any Suggestion submitted through the Site will become the property of the Arby's Organization, that the Arby's Organization will have no obligation of confidentiality with respect to any Submission, and that neither the Arby's Organization nor any person associated with it will be liable for any use or disclosure of any Submission By communicating a Submission, you represent and warrant to the Arby's Organization that you own or otherwise control all of the rights to your Submission including without limitation the right to submit the Submission. You grant the Arby's Organization a royalty-free, irrevocable, unrestricted, nonexclusive worldwide license to use, modify, copy, sublicense, transmit, publish, create derivative works, publicly perform and display any Submission for any purpose, commercial or otherwise without compensation or liability to anyone.
Some links on the Site allow you to leave this Site. The linked sites are not under the control of the Arby's Organization and the Arby's Organization assumes no responsibility for the contents or policies of any Linked Site, for any link contained within a Linked Site, for any changes or updates to a Linked Site. The Arby's Organization is not responsible for web casting or any other form of transmission received from any Linked Site. These links solely as a convenience and the inclusion of any Linked Site does not imply that the Arby's Organization endorses the Linked Site.
The site, services, data, information, content and functionality (collectively, "complete site") are provided "as is" and without warranty of any kind, expressed or implied, including, but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose. The complete site is provided: (1) with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; and (2) without any assurance (or warranty) that they will be uninterrupted or error free or effect any particular result, that defects will be corrected, or that they will be free of viruses or other harmful components. Also, there is no warranty of title or against infringement or interference with your enjoyment of any part or aspect of the complete site.
No Incidental, Consequential or Certain Other Damages
To the full extent allowed by law, you agree that no one in the Arby's organization will be liable to you and/or any other person for any special, consequential or incidental damages, damages for lost profits, loss of privacy or security or failure to meet any duty (including but not limited to any duty of good faith or lack of negligence or of workmanlike effort) or for any other indirect or punitive damages whatsoever that arise out of or are related to any part or aspect of the complete site or to any breach of this agreement, even if it has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.
Limitation Of Liability and Exclusive Remedy
You agree that your sole remedy for any breach of the master terms (including any incorporated terms or policies) or any cause of action of any nature (including tort) relating to any part or aspect of the complete site shall be, at Arby's option: (1) substitution or replacement of all or part of the information giving rise to your direct damages; or (2) the amount of direct damages actually incurred by you in reasonable reliance, which amount shall not exceed the amount actually paid by you for the item causing your direct damages. You agree that the damage exclusions limitation of liability in these master terms shall apply even if any remedy fails of its essential purpose.
Either Arby's or you may terminate the Master Terms without cause at any time. Notwithstanding termination, you will still be liable for payment of any amounts due or other obligations incurred before the agreement ended, and if you use the Site after you terminate, that use will be your new agreement to the Master Terms. If we terminate, we will give you notice but may provide it after the termination if we, in our good faith discretion and subject to applicable law, believe that prior notice might create harm or costs to us, or to any part or aspect of the Complete Site, or others.
Entire Agreement; Miscellaneous
These Master Terms, including (a) amendments, (b) notices, terms and policies incorporated into these Master Terms, (c) additional terms, conditions contained on the Site for particular activities, and (d) the disclosures provided by use and the consents provided by you on the Site (collectively, "Entire Agreement"), constitute the enter agreement between Arby's and you. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Arby's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it.
Georgia Law Applies and Georgia is the Exclusive Forum
This Site is controlled by Arby's from its offices located in the United States of America and is directed primarily to Canadian users. Arby's products and services may be available in other parts of the world and the Site may describe products and services that are not available worldwide. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export any data or Content of the Site in violation of U.S. export laws and regulations or the Entire Agreement.
Arby's may change these Master Terms (including incorporated terms and policies) or the Terms governing the Corporate/Investor Site in our good faith discretion. Arby's will post a notice in the Terms and Conditions of the respective Site when we change from one version to another. If the Effective Date of the new version is a date later than the last time you read the relevant document, you should review the new one. As of its Effective Date, the latest version will apply to the Site, including to all information we then or later have (until a subsequent version becomes effective).
Notices to You. You agree that we may give you all notices that we are required to give by posting notice on the Site. You also agree that we may send notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide an email notice to any email address that you provide to us. You agree to keep your address current when possible. You also agree to check for notices posted on the Site.
Notices to Us. There is only one of you but we have several locations, receive many emails, and not all employees are trained to deal with every kind of communication. You agree to send us notice by addressing it to 7045 Edwards Blvd. Suite 304, Mississauga, ON L5S 1X2 Attn: Legal Department ("Our Legal Notice Address"). Notice will be effective on the date we receive it. If you send your notice by certified mail, return receipt requested, or by courier service the post office or courier service will give you proof when we receive it. If a law requires us to accept email notice notwithstanding the foregoing, call us at 905-672-2729 or our address established for receipt of such notices.
If you would like to receive our legal name and address by email, you need to provide us your email address. Send your request to: email@example.com. If you have a complaint, you may contact Arby's Restaurant Group, Inc. at 905-672-2729.