General Use Restrictions
While we make reasonable efforts to provide accurate and timely information about Arby’s, on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about Arby’s. Information and content from www.ArbysFranchising.com and any other World Wide Web site owned, operated, licensed, or controlled by Arby’s or any of its related, affiliated, or subsidiary companies (collectively, “Materials”) may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of Arby’s. Arby’s authorizes you to view and download the Materials at this website (“Site”) only for your personal, noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Modification or use of the Materials for any other purpose violates Arby’s intellectual property rights.
Use of this Site and the information therein is at the user’s sole risk. The Materials have not been verified or authenticated in whole or in part by Arby’s, and they may include inaccuracies or typographical or other errors. Arby’s does not warrant the accuracy of timeliness of the Materials contained on this Site. Arby’s has no liability for any errors or omissions in the Materials, whether provided by Arby’s, our licensors or suppliers or other users.
ARBY’S, FOR ITSELF AND ITS LICENSORS, AFFILIATES, AND SUBSIDIARIES, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ARBY’S DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IN NO EVENT WILL ARBY’S OR ANY OF ITS RELATED, AFFILIATED, OR SUBSIDIARY COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS SITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS SITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST REVENUE, OR LOST PROFITS, UNDER ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF ARBY’S IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
You agree to indemnify and hold Arby’s and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Arby’s or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.
Except as described otherwise, all Materials in the Arby’s Site are made available only to provide information about Arby’s. Arby’s controls and operates this Site from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site in other locations, you are responsible for compliance with applicable local laws, including but not limited to, export and import regulations. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. You agree to submit to the jurisdiction of the courts located in the State of Georgia for the resolution of all disputes arising from or related to these Terms and/or your use of this Site.
Links to Other Websites
Any links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. You acknowledge and agree that the third-party websites may have different privacy policies and terms and conditions, and you further acknowledge and you hereby agree to comply with any and all such applicable third-party terms and conditions and privacy policies. Arby’s has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Arby’s does not endorse or make any representations about them, or any information or products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk. YOU AGREE THAT ARBY’S WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
The Trademarks displayed on the Site are registered and unregistered Trademarks of Arby’s Restaurant Group, Inc. and the Materials are the property of Arby’s and/or our third-party licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations. In the event that you misuse any Trademark in violation of these Terms and Conditions, Arby’s Restaurant Group, Inc., will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Arby’s, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Arby’s is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Arby’s an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Arby’s may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Arby’s is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Revision of Terms
Arby’s may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
If you have any questions about these Terms or otherwise need to contact Arby’s for any reason, you can reach us at PR@Arbys.com.