Terms and Conditions
Last Modified: September 22, 2016
Firehouse Subs Public Safety Foundation Website Terms and Conditions
1. SCOPE OF TERMS AND CONDITIONS AND BINDING NATURE
These Terms and Conditions (this “Agreement” or the “Site Terms”) govern the use of the websites (including the website located at firehousesubsfoundation.org), webpages and content (each a “Site” and collectively, the “Sites”) that are owned or controlled by Firehouse Subs Public Safety Foundation (the “Foundation,” “we,” “us,” and “our”). These Site Terms also govern your access to and use of links, trademarks, trade names, trade dress, slogans, logos, copyrights, information and any other content, software, communications systems and databases made available on the Sites, and services and products offered by the Foundation through or in connection with the Sites (which, collectively with the Sites, constitute the “Services”). The Foundation is a non-profit 501(c)(3) organization and is separate and distinct from Firehouse Restaurant Group, Inc. (together with such other affiliates as we may have from time to time, “Affiliates”).
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD LEAVE THIS SITE IMMEDIATELY AND YOU WILL NOT BE PERMITTED TO USE THE SITES OR SERVICES.
These Site Terms constitute a legal agreement between you and us. By “you” or “your” we mean, collectively and individually, you, the person or entity accessing, using or viewing the Sites (including this Agreement) or any portion thereof, and any party or legal entity you own, control or for which you act as an agent accessing the Sites (including this Agreement), or who has opportunity to read this Agreement upon accessing this Site. If you are an employee agent or owner of any entity (such as a partnership, corporation, limited liability company or the like), the terms “you” or “your” include such entity, and you represent that you have the legal capacity to bind such entity to the terms of this Agreement.
We also have a separate Copyright Notice and Takedown Policy relating to the Sites and the Services generally, and this Policy is incorporated into this Agreement by this reference. You agree to and will comply with any applicable payment terms that we establish from time to time that relate to your use of the Sites and Services. By accessing, browsing and/or using any of the Sites, you acknowledge that you have read, understand, and agree to be bound by this Agreement and to comply with all laws and regulations applicable to your use of the Sites.
Further, certain areas of the Sites and the Services may require you to register or provide certain information with or to us and/or be subject to additional terms and conditions of use; and we will provide you with notice of such additional terms and conditions on such registration. Unless so indicated in such agreement, this Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our Affiliates.
2. INAPPROPRIATE USER CONDUCT ON THE SITES
Any conduct by you that we believe restricts or inhibits any other user from using or enjoying the Sites, is harmful or disruptive to our Sites, is disruptive towards the Firehouse Subs Public Safety Foundation or which could breach any agreement between us and any third party is prohibited. You agree to use the Sites only for lawful purposes. We reserve the right to terminate your access, or suspend any third party’s access, to all or part of the Sites, without notice, for any conduct that we believe is harmful to us, our Affiliates, suppliers, vendors, or any other third party, interferes with or is harmful to our relationships with Affiliates or third parties, is in violation of any applicable law, or is harmful to the interests of another user, any third party, or any of our Affiliates.
3. SERVICES AVAILABILITY
Services availability in connection with the Site is subject to change without notice. Through the Sites, the Foundation, and/or its Affiliates, may provide access to international, state, regional, market specific or time sensitive information, which information may contain references or cross references to Services and other products, programs, and services that are not currently available in your country, state or market area. References made by the Foundation to such products, programs and services does not necessarily mean or otherwise imply that the products, programs and services announced or discussed are available at all or any times in all countries, states, market areas or by every or any particular Firehouse Subs® Restaurant. Also, we reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, some or all of the Materials (defined below), the Sites or Services, with or without notice. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Sites, Services or Materials. We may refuse or restrict anyone from access to any or all of the Sites, Materials or Services at any time.
In addition, although we strive at all times to maintain the accuracy of information maintained on the Sites, occasionally information errors may occur on the Sites.
4. OWNERSHIP OF SITES, CONTENT AND MATERIALS
All content included on the Sites, such as artwork, the Marks, other text, graphics, logos, button icons, images and software (collectively, the “Materials”), is our property or our content suppliers’ or licensors’ property and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is our exclusive property and protected by U.S. and international copyright laws. All software used on the Sites is our or our software suppliers’ or licensors’ property and protected by U.S. and international copyright laws and other intellectual property protections, and is available to you solely for its intended use in connection with the Sites and Services. Except as otherwise incorporated in rate production work, the content and software on the Sites may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, removal or deletion of the Materials on the Sites by you, in whole or in part, is strictly prohibited. Nothing contained in this Agreement will be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Foundation, or any of our Affiliates, or any third party. Except as expressly permitted by this Agreement or permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Materials protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any of our or other third parties’ intellectual property available on or through the Sites may not be used in connection with any product or Service that is different than the product or service with which it is connected to on the Sites or in any manner that is likely to cause confusion among customers, disparages or discredits the Foundation, our Affiliates, or any third party or diminishes the value of the intellectual property of the Foundation, our Affiliates or a third party.
Without limiting the foregoing, the Marks, including without limitation, trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services associated with the Foundation or our Affiliates displayed on any web pages or e-mail sites as part of the Site, including without limitation, the term “FIREHOUSE SUBS” are our or our Affiliates’ registered and/or common law, trademarks, trade names, copyrights or other marks or intellectual property. Other than the trademark, service marks or Copyrights of third parties (other than us) we designate that are clearly indicated as such by a designation of an “®” or “©” followed by a clear indication of the identity of such party claiming ownership which are posted to or incorporated into the Sites or the Services (collectively, “Third Party Marks”), all content and Materials on the Sites including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other similar forms of intellectual property included in the Services, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and intellectual property rights laws. No copying or exploitation of Materials or the Services is permitted without our express written permission and any other applicable copyright owner. Without limiting, but subject to the foregoing:
(a) You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or Materials found on the Site;
(b) You will not use the Marks or other Materials on any site which you operate, authorize or control without our express written permission;
(c) You may not use the Marks or other Materials in any search engine descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website or e-mail operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement;
(d) You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks or other Materials. You will not submit information to be maintained or displayed by search engines which incorporates the Marks or any Marks or other Materials that are confusingly similar to the Marks or other Materials. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or Materials from the Services or by virtue of your resale of the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated agent by emailing: Foundation@FirehouseSubs.com and following the posted instructions provided to you in our Copyright Notice and Takedown Policy.
5. WE RESERVE THE RIGHT TO REVISE THESE SITE TERMS
We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Sites or the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on the Site.
All such Additional Terms are and will be incorporated into this Agreement by this reference. We will post at the top of these Site Terms the date that modifications were last made, which should alert you to any changes since your last visit to the Sites. Your continued use of the Sites is your agreement to the Additional Terms and the Site Terms as so revised.
6. ACCOUNT PASSWORD AND USER ID
The Services offered via the Sites may require that: (i) you become a registered user of the Services, you must receive or establish one or more confidential individually identifiable passwords (a “Password”); (ii) you utilize a name (a “Username”) and/or identifiable number to indicate your identity for purposes of tracking your usage of the Sites; or (iii) you obtain and utilize such other accounts or passwords in the manner we designate. Maintaining the confidentiality and security of your Password, and the Username, if any, is solely your responsibility. Accordingly, you will maintain the security and confidentiality of them. You must not, and agree not to divulge your Password or the Username and/or other passwords or account information to any third party, except as directed in accordance with security policies and procedures that we may establish from time to time. You are entirely responsible for all activities that occur through your Username and Password(s), and you agree to notify us immediately about any unauthorized use of them, or any other breach of security. You agree that we and our Affiliates will not be responsible for any losses incurred in connection with any misuse of or failure to Passwords or Username, nor will they have any responsibility to you whatsoever, directly or indirectly, for them if you fail to comply with this Agreement.
8. THIRD PARTY WEBSITES AND LINKS
9. CHILDREN’S PRIVACY AND SITE AGE LIMITATIONS
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
(a) YOUR USE OF THE SITES AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, POSTED OR ESTIMATED FEES FOR PRODUCTS OR SERVICES, ARE APPROPRIATE, ACCURATE OR WILL BE HONORED BY US, OUR AFFILIATES OR ANY FIREHOUSE SUBS® RESTAURANT IN ANY PARTICULAR JURISDICTION, AND ACCESSING OR PURCHASING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE, OUR AFFILIATES NOR ANY FIREHOUSE SUBS® RESTAURANT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES OR ANY FIREHOUSE SUBS® RESTAURANT FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
(c) THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITES OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITES OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITS OF LIABILITY, THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. NO WAIVERS
Our failure to insist upon or enforce strict performance of any provision of these Site Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Site Terms.
We may assign our rights and duties under these Site Terms, including, without limitation, our rights in information collected through the Sites, to any third party at any time without notice to you, and such assignment rights shall include the ability to make an assignment in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the Sites, all or substantially all of our business or assets, or as part of any reorganization or restructuring of our business.
13. GOVERNING LAW AND DISPUTE RESOLUTION
Your use of the Sites shall be governed in all respects by the laws of the State of Florida, without regard to such state’s choice of law provisions. Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises.
Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any legal or equitable remedies available), you agree that any dispute that arises out of your use of the Sites or the Services shall be settled by confidential binding arbitration in Jacksonville, Florida in accordance with the arbitration rules of the American Arbitration Association. Each party shall bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.
You and we submit to the jurisdiction of the courts in the State of Florida with respect to matters arising under these Site Terms, including, without limitation, to compel arbitration in accordance with these Site Terms or to confirm any related arbitration award. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.
14. GEOGRAPHIC RESTRICTIONS
The owner of the Sites is based in the State of Florida in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. COMMENTS OR CONCERNS
Any feedback, comments, requests for technical support and other communications relating to the Sites should be directed to:
Firehouse Subs Public Safety Foundation
12735 Gran Bay Parkway, Suite 150
Jacksonville, Florida 32258