TERMS AND CONDITIONS OF USE:
Please Read These Terms Carefully Before Using This Site
This Website ("Site") was created by Dan T. Cathy, President and
Chief Operating Officer of Chick-fil-A, Inc. ("Chick-fil-A"),
Donald "Bubba" Cathy, Senior Vice President of Chick-fil-A, Inc.,
and President of Dwarf House, Inc. and Trudy Cathy White, and is
maintained by Chick-fil-A, and may be used for informational
purposes only. By accessing this Site, downloading or using
materials from this Site and/or uploading or sending materials or
information to this Site, you agree to abide by these terms and
conditions. If you do not agree, then you should not use this
Site.
Your Use of this Site:
Subject to your compliance with the terms and conditions set
forth herein, we grant you a non-exclusive, non-transferable,
limited right to access, use and display this Site and the
materials hereon. You agree not to interrupt or attempt to
interrupt the operation of this Site in any way or circumvent or
attempt to circumvent any security feature of this Site. We
authorize you to view, download, copy and print the information
("Materials") on this Site only for your personal, informational,
non-commercial use. This authorization is not a transfer of title
or intellectual property rights in the Materials, and/or copies of
the Materials and is subject to the following restrictions:
You must retain, on all copies of the Materials downloaded, all
copyright, trademark and other proprietary notices contained in the
Materials.
You may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use the
Materials for any public or commercial purpose.
You must not transfer the Materials to any other person unless
you give them notice of, and they agree to accept, the obligations
arising under these Terms and Conditions of Use.
You agree to abide by all additional restrictions displayed on
this Site as it may be updated from time to time. This Site,
including all Materials, is copyrighted and protected by worldwide
copyright laws and treaty provisions. You agree to comply with all
copyright laws worldwide in your use of this Site and to prevent
any unauthorized copying of the Materials. Except as expressly
provided herein, we do not grant any express or implied right to
you under any patents, trademarks, copyrights or trade secret
information.
Submissions:
Subject to our Privacy Policy, all comments, remarks,
suggestions, ideas, graphics, or other information communicated to
us through this Site (together, the "Submission") will forever be
our property. Subject to our Privacy Policy, we will not be
required to treat any Submission as confidential, and will not be
liable for any ideas for our website, business, or charitable
endeavors (including without limitation, self-improvement,
marketing, or product or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in our
future operations and endeavors. Without limitation, we will have
exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. Except as noted
below in this paragraph, we will be entitled to use the Submission
for any commercial, charitable or other purpose whatsoever without
compensation to you or any other person sending the Submission. By
providing any Submission to us, you grant to us an unrestricted,
irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information
and materials, and you further agree that we and our designees are
free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to us. Personally identifiable
information that may be received at this Site is provided
voluntarily by a visitor to this Site. Except as provided in our
Privacy Policy, this information is for internal purposes only and
is not sold or otherwise transferred to third parties or to other
entities who are not involved in the operation of this Site.
You acknowledge that you are responsible for whatever material
you submit or post, and you, not us have full responsibility for
the message or posting, including its legality, reliability,
appropriateness, originality, and copyright. You further recognize
that we do not want you to, and you warrant that you shall not,
provide any information or material to us that is defamatory,
threatening, obscene, harassing, or otherwise unlawful, or that
incorporates the proprietary material of another.
Third Party Sites:
As a convenience to you, we may provide, on this Site, links to
websites operated by other persons and entities. If you use these
other websites, you will leave this Site. If you decide to visit
any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against
viruses or other destructive elements. You should refer to the
policies posted by other websites before you use them. We makes no
warranty or representation regarding, and does not endorse, any
linked websites or the information appearing thereon or any of the
products or services described thereon. If you choose to purchase
any product or service from a third party (including, without
limitation, the franchised Operator of a Chick-fil-A restaurant
business), your relationship is with that third party. You agree
that we are not responsible for (i) the quality of third party
products or services, or (ii) 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. You agree that we are not responsible for
any loss or damage you may incur by reason of any dealing that you
may have with a third party. Links do not imply that we or this
Site sponsor, endorse, are affiliated or associated with, or are
legally authorized to use any trademark, trade name, logo or
copyright symbol displayed in or accessible through the links, or
that any linked Site is authorized to use any trademark, trade
name, logo or copyright symbol of ours or any of our affiliates or
subsidiaries.
Changes:
We reserve the right in our sole discretion, at any time and
without advance notice, to change, modify, add or remove any
portion of these Terms and Conditions of Use in whole or in part,
at any time, and any such change will be effective when notice of
such change is posted. Your continued use of this Site after any
changes to these Terms and Conditions of Use are posted constitutes
your acceptance of those changes.
We may terminate, change, revise, modify, suspend or discontinue
any aspect of this Site, including the availability of any features
of this Site, at any time. We may also impose limits on certain
features and services or restrict your access to parts or the
entire Site without advance notice and without liability. We may,
at any time and without advance notice, terminate the
authorization, rights and license given above and, upon such
termination, you shall immediately destroy all Materials. You may
terminate this agreement by destroying: (a) all materials obtained
from this Site and any other Chick-fil-A sites, and (b) all related
documentation and all copies and installations.
Code of Conduct:
You agree to use this Site only for lawful purposes. You are
prohibited from posting or transmitting through this Site any
unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including, but not limited to, any material that gives or
encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local,
state, national or international law.
We reserve the right to prohibit conduct, communications or
content that we in our sole discretion, deem to be harmful to
individual users, us, the Chick-fil-A® brand, or any third party or
that violates applicable law. If we are notified of any defamatory,
damaging, illegal or offensive content provided by you, we may
investigate the allegation and determine in our sole discretion
whether to remove or request the removal of such content from this
Site. We may disclose any content or electronic communication of
any kind (i) to satisfy any law, regulation or governmental
request; (ii) if such disclosure is necessary or appropriate to
operate this Site; or (iii) to protect the rights or properties of
us our affiliates, our users and our Providers, as defined
below.
Privacy and Security:
We are committed to safeguarding your privacy when you visit
this Site. Our use of your personally identifiable information is
set forth in our Privacy Policy, and by accessing our Site you
agree to be bound by our Privacy Policy. Please be advised that
while we will utilize certain tools to prevent the unauthorized
access to or interception of your personally identifiable
information, there can be no guarantee of security. IN THE EVENT
THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR
INFORMATION, DESPITE OUR PROTECTIVE MEASURES, WE WILL NOT BE
RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR
ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) THAT YOU MAY SUFFER, EVEN IF WE OR A
THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE
EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR
UNAUTHORIZED ACCESS.
Trademark Information and Ownership of Intellectual
Property:
Chick-fil-A® is a registered trademark of CFA Properties, Inc.
("CFA Properties"), is licensed to Chick‑fil‑A, Inc., and is
registered in the U.S. and other countries. The absence of a
product or service name or logo belonging to CFA Properties
anywhere in the text of this Site does not constitute a waiver of
any trademark or other intellectual property rights concerning that
name or logo used or referenced on this Site.
The trademarks, logos, service marks, and all other source
identifying names and graphics displayed on this Site, and this
Site and all of its contents including, but not limited to, all
text, images and audio (collectively, the "Intellectual Property"),
are owned and copyrighted by CFA Properties or others with all
rights reserved unless otherwise noted. CFA Properties does not
permit the use of its Intellectual Property in advertising, as an
endorsement for any product or service, or for any other purpose,
commercial or otherwise, without CFA Properties' prior express
written permission.
Nothing contained on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use
the Intellectual Property without the prior express written
permission of CFA Properties or such other third party that may own
the Intellectual Property. Your use of the Intellectual Property,
or any other content on this Site, except as provided in these
Terms and Conditions of Use, is strictly prohibited. You are also
advised that CFA Properties and/or its licensee(s) will
aggressively enforce intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution.
Chick-fil-A is a licensee of CFA Properties.
No Warranties; Limitations of Liability:
You expressly agree that your use of this Site is at your sole
risk. Neither we nor our parents or subsidiaries, nor any other
company with which we are affiliated, nor any of our or their
respective officers, directors, employees, agents, third party
content providers, sponsors, licensors or the like (collectively,
"Providers") warrant that this Site will be continuous,
uninterrupted or error-free; nor do we make any warranty as to the
results that may be obtained from the use of this Site, or as to
the accuracy, reliability or currency of any content, information,
product or service provided through this Site.
THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND
TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH
OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT
YOUR SOLE RISK.
THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE
SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON
THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR ANY OF OUR PARENTS OR SUBSIDIARIES, OR
ANY OTHER COMPANY WITH WHICH WE ARE AFFILIATED (INCLUDING OUR OR
THEIR AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) 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 (INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR
OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR
USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS
PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS
AVAILABLE THROUGH THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL,
TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Indemnification:
You agree to indemnify, defend and hold harmless us, our parents
and subsidiaries, and any other company with which we are
affiliated (and our and their respective directors, officers,
employees, agents and representatives) from and against any and all
claims, damages, losses, costs (including reasonable attorneys'
fees) or other expenses that arise directly or indirectly out of or
from (i) your breach of these Terms and Conditions of Use; (ii)
your violation of the Code of Conduct set forth above; and (iii)
your activities in connection with this Site.
International Users and Choice of Law:
This Site is controlled, operated and administered by us and our
service provider designees from its offices within the United
States of America. We make no representation that Materials on this
Site 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 Site or export the Materials in violation of U.S. export laws
and regulations. If you access this Site from locations outside of
the United States of America, you are responsible for compliance
with all local laws. These Terms and Conditions of Use shall be
governed by the laws of the State of Georgia, U.S.A., without
regard to conflict of laws provisions or principles.
Termination:
We or you may terminate this agreement at-will at any time, with
or without advance notice or cause. You may terminate this
agreement by destroying: (a) all materials obtained from this Site
and any other Chick-fil-A sites, and (b) all related documentation
and all copies and installations.
Entire Agreement, Claims Limitations and Severability:
These Terms and Conditions of Use, together with our Privacy
Policy, constitute the entire agreement between us and you with
respect to your use of this Site. Any cause of action you may have
with respect to your use of this Site must be commenced within one
(1) year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision of
these Terms and Conditions of Use or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent there, and the
remainder of these Terms and Conditions of Use shall continue in
full force and effect.
©2009 Chick-fil-A, Inc.