Terms and Conditions of Use of This Internet Site|
Please carefully read the below terms and conditions applicable to this Carl's Jr.® Star Pals™ website (together with all information, pages and subpages hosted thereunder, the "Website").
By accessing, browsing or utilizing this Website you are accepting without limitation or qualification, these terms and conditions of Carl's Jr. as stated herein, and acknowledge that any other agreement between you and the Carl's Jr. concerning the subject matter herein is superseded by these terms and conditions and is of no force or effect. If you visit the Website, you accept these terms and conditions. If you do not consent to these terms and conditions, you should not utilize the Website in any manner whatsoever, and unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence. If you have questions regarding these terms and conditions, or feel that Carl's Jr. is not abiding by these terms and conditions, please contact us.
1. Use Restrictions.
Carl's Jr. maintains this Website as a service to the Internet community. Material from this site and any other World Wide Web site owned, operated, licensed or controlled by Carl's Jr. may not be copied or distributed, nor published, uploaded, posted, or transmitted in any way, without the prior written consent of Carl's Jr., except for: (i) coupons, as described below; and (ii) certain limited online interactive activities, as expressly permitted by these terms and conditions or otherwise specifically stated on this site. Modification or use of the materials for any other purpose violates the intellectual property rights of Carl's Jr., its licensors and/or their respective affiliates. Except as described otherwise, all materials in this site are made available only to provide information and constitute information of a general nature that do not address the circumstances of any particular individual or entity. Although Carl's Jr. makes efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and no information on the Website constitutes a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Carl's Jr. controls this site from its world headquarters in Tennessee, and makes no representation that these materials are appropriate or available for use in other locations. Use of this site is prohibited where such use is in violation of the laws of the State of Tennessee or the United States of America, or in violation of local laws.
You may access and use the Website solely to view information about the products and services offered by Carl's Jr. for your informational use or as expressly authorized by Carl's Jr. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by these terms and conditions or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Carl's Jr. may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, until your suspension is removed and we give you express notice thereof.
You recognize and agree that when submitting any information, including personally identifiable information, to the Website, there is no guarantee of security. Carl's Jr. makes no warranties, express or implied, that the information provided by you shall be free from interception or unauthorized access and in the unlikely event of an interception or unauthorized access despite our efforts, Carl's Jr. shall not be responsible for any damages or liability arising therefrom or in connection therewith.
3. Liability Disclaimer.
Your use of and browsing of the Website is at your own risk. Carl's Jr. assumes no liability or responsibility, financial or otherwise, and shall not be liable for any damage, loss or injury resulting from or arising out of your use, access or inability to access this Website or your reliance upon the information contained in this site, including, but not limited to, viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Website. Your use of any information or materials on the Website is entirely at your own risk, for which Carl's Jr. shall not be liable therefor. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements. Notwithstanding anything to the contrary set forth in these terms and conditions, in no event shall Carl's Jr.'s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Carl's Jr., whether or not any such amounts are actually paid, for accessing the Website or any of the content thereon.
Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) CARL'S JR., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) CARL'S JR. MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, PERFORMANCE, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE WEBSITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE, (D) CARL'S JR. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CARL'S JR. IS NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL CARL'S JR. HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, EVEN IF CARL'S JR. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
4. Right to Change or Modify.
Carl's Jr. reserves the right to change, modify, amend, adjust, add to, delete from and/or withdraw these terms and conditions and/or the information in the Website at any time without notice. Carl's Jr. advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates. The products and services referred to in the Website may not be available in your city, town, state or country. Carl's Jr. reserves the right to change, modify and/or withdraw any products and services at any time without notice.
When you visit the Website or send electronic mail to Carl's Jr., you are communicating with Carl's Jr. electronically. In so doing, you consent to receive communications from Carl's Jr. electronically, whether by electronic mail or by posting notices on the Website. By accessing the Website and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Unless specifically provided otherwise in this Website, communications, data and materials you send to the Website or to Carl's Jr., whether by accessing the Website, sending electronic mail or otherwise, are sent on a non-confidential basis and without any promises by Carl's Jr. to keep such information confidential. Carl's Jr. shall have the right to use and reproduce such communications or materials for any purpose whatsoever (including, without limitation, to develop, manufacture and/or market products) and without any obligation to pay you compensation for such use or reproduction. Any information you send Carl's Jr. must be legal, truthful and not violate the rights of others.
Certain portions of this Website may be populated with user-generated content. Notwithstanding the fact that Carl's Jr. or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats which may appear on this Website, Carl's Jr. and all parties involved in creating, producing or delivering this Website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, indecency, pornography, profanity, or misrepresentation. For the avoidance of doubt, the posting of, or transmission to, this Website, of any of the following items is strictly prohibited: pornographic, obscene, indecent, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
6. Links to Other Sites
Carl's Jr. does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website.
7. Links to the Website
Generally, no third party may create a link to this Website from another website or document without Carl's Jr.'s prior written consent. Anyone linking to the Website must comply with all applicable laws, the following guidelines and these terms and conditions. With Carl's Jr.'s prior written consent, a Third Party Site may link to the Website, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Website may not:
o Create a border or browser environment around Website content,
o Imply that Carl's Jr. is endorsing it or its products,
o Misrepresent its relationship with Carl's Jr.,
o Present false information about Carl's Jr., its products or services,
o Use the Carl's Jr. logo or name or phrases without prior written permission from Carl's Jr., or
o contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.
8. Intellectual Property.
All content of this Website, including, but not limited to, the "Carl's Jr." name and logos, any graphic images, audio, video, and text contained thereon, is the exclusive property of Carl's Jr. or its licensors and, except for personal use where indicated, may not be copied, distributed, displayed, reproduced or transmitted in any form or means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Carl's Jr.
Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the express written permission of Carl's Jr. Your misuse of the trademarked name or logo of Carl's Jr., or any menus, labels, or other content of the Website, is strictly prohibited. You are also advised that Carl's Jr. will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. Carl's Jr. reserves all rights pertaining to the Website.
All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Website, including, but not limited to, the design, layout, look, appearance and graphics ("Website Materials"), are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by Carl's Jr. The use of Website Materials by you or anyone else authorized by you is prohibited unless specifically permitted by these terms and conditions. In addition to violating these terms and conditions, any unauthorized use of such materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You should assume that everything you see, read or access on the Website is copyrighted and owned by Carl's Jr. unless otherwise noted, and may not be used except as provided in these terms and conditions without the express written permission of Carl's Jr. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify Carl's Jr. by providing our copyright agent with the following in writing:
o Identification of the copyrighted work that you claim has been infringed;
o Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Carl's Jr. to locate the material;
o Your name, address, telephone number, and email address;
o A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
o A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
o The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
To submit a notification of claimed infringement, please contact Carl's Jr.'s designated agent at the following address:
Carl's Jr. Restaurants LLC
c/o CKE Guest Relations
6700 Tower Circle, Suite 100
Franklin, TN 37067
In case of any inconsistency between these English language terms and conditions and its translation into another language, this English language document controls.
10. Governing Law and Jurisdiction.
These terms and conditions shall be construed and interpreted according to the laws of the State of Tennessee, United States of America, without regard to the conflict of law principles or rules and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising from or relating in any way to the Website will be brought exclusively in the Federal courts located in Nashville, Tennessee, or State courts located in Williamson County, Tennessee, and you irrevocably agree to submit to the jurisdiction of such courts. These terms and conditions form the entire understanding and agreement with respect to the subject matter hereof and supersede any and all prior understandings or agreements.
If any term or condition shall, to any extent, be invalid or unenforceable, the remainder of the terms and conditions shall not be affected thereby, nor shall the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable be affected thereby.
Coupons which are made available on this Internet site may be printed and redeemed at participating restaurants. These coupons may not be altered, changed or modified in any way.
13. Other Web Links.
This site may be linked to other sites which are not controlled by Carl's Jr. Carl's Jr. is not responsible for the practices, policies or content of those sites. Inclusion of a link to another site does not imply an endorsement by Carl's Jr.
These terms and conditions are effective as of May 31, 2018.