Terms & Conditions

1. Acceptance of Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”) CAREFULLY BEFORE USING ANY OF JACK’S FAMILY RESTAURANTS, LP’S (“COMPANY” OR “JACK’S”) WEBSITES, MOBILE WEBSITES, MOBILE APPLICATIONS, PLATFORMS, REWARD PROGRAMS, AND OTHER ONLINE PROGRAMS THAT POST A LINK TO THIS AGREEMENT, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, “JACK’S ONLINE SERVICES“).

BY DOWNLOADING OR USING ANY OF THE JACK’S ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://www.eatatjacks.com/pages/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE JACK’S ONLINE SERVICES. THESE TERMS OF USE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER.

This Agreement is entered into by and between you (the “User”, “Licensee”, or “you”) and Jack’s Family Restaurants, LP (“Jack’s”), and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”, together with Jack’s, as context may require, “we”, ”us”, or “our”).  This Agreement governs your use of, and access to, the Jack’s Online Services, whether as a guest or a registered user.

2. Changes to the Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise this Agreement. Any changes will become effective upon posting to the Jack’s Online Services along with the date on which it was most recently updated as indicated by the “Last modified” date at the top of this page. Your continued access to or use of the Jack’s Online Services after any such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly for updates.

3. Eligibility

The Jack’s Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE THE JACK’S ONLINE SERVICES. By accessing, using and/or submitting information to or through the Jack’s Online Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18), or the age of majority in your respective state, may only use the Jack’s Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE JACK’S ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.  Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

4. Accounts

Registration

Certain features or services offered on or through the Jack’s Online Services may require you to open an account (“Account”) and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your address, and your email address (collectively, your “Client Information”).  We reserve the right to restrict certain areas of the Jack’s Online Services to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your Account and refuse any and all current or future use of this Website by you. We are committed to your privacy, and our Privacy Policy explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Jack’s Online Services. To terminate your Account and this Agreement and your right to use the Jack’s Online Services at any time and for any reason and for no reason, contact digitalmarketing@eatatjacks.com and immediately discontinue all use of our services.

We reserve the right to withdraw, amend, disable, or suspend the Jack’s Online Services and any service or material we provide through the Jack’s Online Services, in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Jack’s Online Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Jack’s Online Services to users, including registered users, if any.

We have the right to disable any username, password, or other identifier, if any, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Accessibility

We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required, we may modify, suspend, or terminate access to certain portions of our services or your Account at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.

Account Password and Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to your passwords or other credentials for accessing your Account. You are responsible for all activities that occur under your credentials or Account. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Jack’s Online Services or portions of it using your user name, password, or other security information. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Account and password; (3) promptly inform us of any need to deactivate a password; and (4) access your Account over a secure Internet connection. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or other breach of security. You also agree to ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, nor are we liable for any loss or damage arising from Client Information compromised as a result of your lost, stolen, or damaged hardware or software.

5. Accessing this Website and Account

You are responsible for ensuring that all persons who access the Jack’s Online Services through your internet connection or devices are aware of this Agreement and comply with the terms.

To access the Jack’s Online Services or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Jack’s Online Services that all the information you provide on is correct, current, and complete. You agree that all information you provide to register with the Jack’s Online Services or otherwise, including, but not limited to, through the use of any interactive features on the Jack’s Online Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

6. Copyright, Trademarks, and User License

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (the “Jack’s Marks”) and are protected by United States and international copyright laws. You must not use the Jack’s Marks without the prior written permission of the Company. The Jack’s Online Services and all content, information, and other materials featured, displayed, contained, and available on Jack’s Online Services (collectively, “Materials”) are owned by or licensed to Jack’s and its Affiliates and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted are reserved.

Subject to the terms of this Agreement, we grant you a personal, non-exclusive, non-transferrable, limited, and revocable license to use the Jack’s Online Services for personal use only in accordance with this Agreement (“User License”), to:

(a)  use, display, download, and install the Jack’s Online Services for noncommercial purposes only;

(b) view, display, copy, download, and print the Materials solely for your own personal, noncommercial use, with all copyright, trademark, and other proprietary notices contained on the Materials retained on all copies thereof.

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. This Agreement and the User License also govern any updates to, or supplements or replacements for, the Jack’s Online Services, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

7. Prohibited Uses

You may use Jack’s Online Services only for lawful personal, non-commercial purposes and in accordance with this Agreement. You agree not to use the Jack’s Online Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this the Jack’s Online Services, or which, as determined by us, may harm the Company or users of this the Jack’s Online Services, or expose them to liability.

Additionally, you agree not to:

• Use the Jack’s Online Services in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the Jack’s Online Services, including their ability to engage in real time activities through Jack’s Online Services.
• Use any robot, spider, or other automatic device, process, or means to access the Jack’s Online Services for any purpose, including monitoring or copying any of the material on the Jack’s Online Services.
• Use any manual process to monitor or copy any of the material on the Jack’s Online Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of this the Jack’s Online Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which the Jack’s Online Services is stored, or any server, computer, or database connected to this Website.
• Attack this the Jack’s Online Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Jack’s Online Services.
• Copy the Jack’s Online Services or its Materials, except as expressly permitted by this license;
• Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Jack’s Online Services or its Materials;
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Jack’s Online Services or any part thereof;
• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Jack’s Online Services or its Materials, including any copy thereof;
• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Jack’s Online Services;
• Attempt to gain unauthorized access to any accounts, features, rewards, systems, or networks through hacking, password mining, or any other means; circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Jack’s;
• Frame or mirror any portion or feature of the Jack’s Online Services;
• 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
• Violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Jack’s, its Affiliates, or any other person or entity.

Jack’s and its Affiliates reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Jack’s Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates this Agreement and/or applicable law.

8. User Contributions

The Jack’s Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through this Website.

All User Contributions must comply with the Content Standards set out in this Agreement.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution to the Jack’s Online Services, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Jack’s Online Services.

9. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Jack’s Online Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Jack’s Online Services.
• Terminate or suspend your access to all or part of the Jack’s Online Services for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Jack’s Online Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Jack’s Online Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Digital Millennium Copyright Act (“DCMA”) Notice

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at digitalmarketing@eatatjacks.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If Jack’s receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

In accordance with the DMCA and other applicable law, Jack’s may terminate, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Jack’s may also, in its sole discretion, limit access to the Jack’s Online Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. Collection and Use of Your Information

You expressly agree that when you download, install, or use the Jack’s Online Services, Jack’s may use automatic means (including, without limitation, cookies and web beacons) to collect information about your Mobile Device, if any, and about your use of the Jack’s Online Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Jack’s Online Services or certain of its features or functionality. It is a condition of your use of the Jack’s Online Services that all information you provide in connection with your use of the Jack’s Online Services is correct, current, and complete. All information we collect through or in connection with the Jack’s Online Services is subject to our Privacy Policy, incorporated herein by reference as though set forth in its entirety. By downloading, installing, using, and providing information to or through the Jack’s Online Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Linking to the Services and Social Media Features

You may link to Jack’s Online Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Jack’s Online Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Jack’s Online Services.
• Send emails or other communications with certain content, or links to certain content, on the Jack’s Online Services.
• Cause limited portions of content on the Jack’s Online Services to be displayed or appear to be displayed on your own or certain third-party websites.
• You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you;
• Cause the Jack’s Online Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• Link to any part of Jack’s Online Services other than the portion provided; or
• Otherwise take any action with respect to the Materials that is inconsistent with any other provision of this Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

14. Mobile App; Updates

In order to use Jack’s Online Services made available through a mobile device application (the “Mobile App”), you must have a compatible mobile device. Jack’s 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 have the right to enforce this Agreement against you. However, these third-party beneficiaries are not a party to this Agreement and are not responsible for the provision or support of the Mobile App. You agree that your 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.

Jack’s reserves the right to, from time to time in its sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”) to the Jack’s Online Services, including to the Mobile App. Updates may also modify or delete in their entirety certain features and functionality. You agree that Jack’s has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet, either the Mobile App will automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates.

You acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to promptly download and install all updates as they become available. You further agree that all Updates will be deemed part of the Mobile App and be subject to all terms and conditions of this Agreement.

15. Geographic Restrictions

The Jack’s Online Services are based in the United States and provided for access and use only by persons located in the United States.

16. Third-Party Materials

The Mobile App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). All statements and/or opinions expressed in these Third-Party Materials, and all articles and responses to questions and other content, other than the content provided by the Jack’s, are solely the opinions and the responsibility of the person or entity providing those Third-Party Materials. These Third-Party Materials do not necessarily reflect the opinion of the Jack’s. You acknowledge and agree that Jack’s is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Jack’s does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

17. Reliance on Information Posted

The information presented on or through the Jack’s Online Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Jack’s Online Services, or by anyone who may be informed of any of its contents.

18. Term and Termination

The term of this Agreement commences when you use Jack’s Online Services and will continue in effect until terminated by you or Jack’s as set forth in this Section. You may terminate this Agreement by ceasing use of Jack’s Online Services. Jack’s may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Jack’s Mobile Services and delete all copies of the Mobile App from your mobile device and account. Termination will not limit any of Jack’s rights or remedies at law or in equity.

19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or as part of the Jack’s Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, MOBILE DEVICE OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE JACK’S ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JACK’S ONLINE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL AVAILABLE AS PART OF THE SERVICES, OR ON ANY WEBSITE LINKED TO THE JACK’S ONLINE SERVICES.

YOUR USE OF THE JACK’S ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE JACK’S ONLINE SERVICES IS AT YOUR OWN RISK. THE JACK’S ONLINE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE JACK’S ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE JACK’S ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE JACK’S ONLINE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JACK’S ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE JACK’S ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JACK’S ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE JACK’S ONLINE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE JACK’S ONLINE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Jack’s Online Services, including, but not limited to, your User Contributions, any use of the Jack’s Online Services content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Jack’s Online Services.

22. Governing Law and Jurisdiction

All matters relating to this Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Jack’s Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and County of Jefferson although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Arbitration Agreement

You agree to resolve certain disputes with Jack’s through binding arbitration in accordance with this section (“Arbitration Agreement”).  Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute. At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of this Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Waiver of Class Action

THE PARTIES EXPRESSLY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY KIND OF CLASS, COLLECTIVE, OR MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE ACTION.  THIS ARBITRATION AGREEMENT SUPERSEDES ALL PRIOR VERSIONS.

If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions this Arbitration Agreement.  The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

A. Disputes. A dispute is any controversy between you and Jack’s concerning the Jack’s Online Services, your Account, or the negotiation, formation, performance, or breach of any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Jack’s intellectual property rights.  As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, you agree to provide an individualized, written notice of the dispute (“Pre-Arbitration Demand”) to Jack’s at 124 West Oxmoor Road Birmingham, AL 35209.  The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your dispute; and (iv) your signature.  A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual.  A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.

B. Small Claims Court Available. You may initiate an action in your local Small Claims Court if you meet the court’s requirements.  However, if such a claim is transferred, removed, or appealed to a different court, Jack’s reserves the right to require arbitration.

C. Arbitration Procedure. Disputes not resolved pursuant to Paragraphs B or C shall be resolved through arbitration.  The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules.  For more information, see www.adr.org.  Arbitration hearings will take place through videoconferencing by default, unless you and Jack’s agree upon another location in writing.  A single arbitrator will be appointed.  The arbitrator must: (a) follow all applicable substantive law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award.  The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees).  Any arbitration award may be enforced (such as through judgment) in any court with jurisdiction.  An arbitration award shall have no preclusive effect in another arbitration or court proceeding involving Jack’s and a different individual.  Under AAA Rules and under this agreement, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

D. Arbitration Costs. Your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.  If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs.

E. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.

F. Severability. If the class action waiver in this Arbitration Agreement is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration.  If any provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Arbitration Agreement, inclusive of the severed provision.

24. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

25. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Jack’s regarding the Jack’s Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Jack’s Online Services.

26. Your Comments and Concerns

The Jack’s Online Services are operated by Jack’s Family Restaurants, LP at 124 West Oxmoor Road Birmingham, AL 35209 United States.

All other feedback, comments, requests for technical support, and other communications relating to the Jack’s Online Services should be directed to: digitalmarketing@eatatjacks.com.