Johnny Rockets E-Club

Terms of Use

User Agreement
TERMS OF USE
Last Updated: June 10, 2019
Thank you for visiting our terms of use agreement (the “Terms of Use”). These Terms of Use govern your use of this website and any branded websites that link to these terms (each, a “Website”), and the services and resources enabled therein (each a “Service” and collectively, the “Services,” together with the Website, the “Properties”), which are provided to you by The Johnny Rockets Group, Inc., a U.S. corporation (“JR,” “we,” or “us”). These Terms of Use constitute a legal agreement between you and JR.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF THE PROPERTIES AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL MATERIALS REFERENCED HEREIN, INCLUDING, WITHOUT LIMITATION, JR PRIVACY POLICY AND THIRD-PARTY TERMS AND POLICIES, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH JR, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION OR SERVICES.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY JR, IN ITS SOLE DISCRETION, AT ANY TIME. When changes are made, JR will make a new copy of the Terms of Use available at the Website. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms of Use will be effective immediately for new users of the Website and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. If you do not agree to any change(s) to the Terms of Use, you shall stop using the Properties. Otherwise, your continued use of any of the Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

    1. Use of the Services
      1. License. The Properties are protected by copyright laws throughout the world. Subject to your compliance with these Terms of Use, JR grants you a limited, non-exclusive, non-transferable, revocable license to (i) access the Website and
        (ii)use the Services, all solely for your own personal purposes.
      2. Updates. You understand that the Properties are evolving. As a result, JR may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that JR reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
      3. JR Products. The Properties enable JR to offer various food, beverage and other related products (“Products”) to you and other users. The Products advertised are determined solely by JR, and JR shall have no liability to you for any modification, unavailability or discontinuation of any Products.
      4. Limitations on Your Use of Properties. The rights granted to you in these Terms of Use are subject to the following restrictions. You may not: (i) attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Properties; (ii) copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Properties, or any Products accessible through the Services; (iii) use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to “scape” or download data from any web pages contained in the Website; (iv) access the Properties to build a competing or similar website, application or service; (v) collect information about other visitors to or users of the Properties without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or email addresses; (vi) manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page; (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by JR in connection with the Properties; (viii)access or use the Properties outside of the United States; or (ix) access the Properties in any way that, in JR sole judgment, adversely affects the performance or function of a Property or interferes with the ability of authorized parties to access the Properties, including, but not limited to, any denial of service attack or action that imposes, or may impose, in JR sole discretion, an unreasonable or disproportionately large load on our infrastructure. Except as expressly stated herein, no part of the Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the Properties shall be subject to these Terms of Use. JR, and its suppliers and services providers, reserves all rights not granted in these Terms of Use. Any unauthorized use of the Properties terminates the licenses granted by JR hereunder.
      5. Privacy of Your Information. Please review our Privacy Policy at https://www.johnnyrockets.com/privacy-policy/, which also governs your use of
        the Properties. The JR Privacy Policy governs the use of information collected from or provided by you through the Properties. With respect to any individual whose personal information is provided by you to JR, you represent to JR that you have obtained all necessary consents for the processing of such personal information contemplated by the services you are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual. JR believes in protecting your privacy. Please click here to review our current Privacy Policy at https://www.johnnyrockets.com/privacypolicy/, which also governs your use of the Properties and all other websites, pages, accounts and other electronic media owned or controlled by JR, to understand our practices.
      6. Third Parties. The Properties may contain links to websites, pages, accounts or other electronic media (including tools and functions) owned or controlled by parties other than JR (including co-branded websites). Such links are provided for your reference and convenience only. We do not control such websites or media and are not responsible for their contents, functions or the privacy or other practices of such websites. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Properties or other websites, applications or sources) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites or media does not imply any endorsement of the material or functionality on or of such websites or media or any association with their operators.
      7. Promotions and E-Club. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) or the Rockets E-Club made available through the Properties may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions or the Rockets E-Club, please review the applicable rules or terms and conditions, as well as our Privacy Policy. If the rules or terms and conditions for a Promotion or the Rockets E-Club conflict with these Terms of Use, the Promotion or the Rockets E-Club rules will govern. Promotions and the Rockets E-Club are subject to change. JR reserves the right to terminate a Promotion or the Rockets E-Club at any time.
    1. Termination
      If you materially breach any of the terms of these Terms of Use, JR may suspend your ability to use the Properties or may terminate the Terms of Use effective immediately, with or without notice to you. If you want to terminate the Terms of Use, you may do so by (a) notifying JR at any time and (b) ceasing all use of the Properties. Your notice should be sent, in writing, to JR’s address set forth below. Upon termination of these Terms of Use, your right to use the Properties will automatically terminate immediately. JR will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms of Use, which by their nature should survive, shall survive termination of the Terms of Use, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
    1. Disclaimer of Warranties
      YOU EXPRESSLY AGREE THAT USE OF THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. JR MAKES NO WARRANTY THAT THE PROPERTIES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE PROPERTIES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND JR MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JR OR THROUGH THE PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    1. Limitation of Liability
      YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JR AND ANY THIRD-PARTY SERVICE PROVIDER, AND THEIR SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES, AND THEIR RESPECTIVE, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, AND OTHER REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF JR TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that JR may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of its liability shall be the minimum permitted under such applicable law.
    1. Indemnification
      You agree to indemnify, defend and hold harmless JR and any third-party service provider, and their successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, from and against any and all claims, liabilities, damages, losses, costs, expenses,
      fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Properties using your password) submit or transmit through the Properties, (b) your use of or access to the Properties, (c) your violation of this Terms of Use, (d) your violation of any rights of any third party, or (e) any viruses, Trojan horses, worms, time bombs, ransomware, spyware, or other malware or harmful or deleterious programming routines input by you into the Properties.
    1. Intellectual Property Ownership
      The content and information on the Properties (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to JR. You agree that JR and its suppliers own all rights, title and interest in the Properties, including without limitation, all Content, trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without JR’s prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Properties or Products are the property of JR and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
    1. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
      Please read this Section 7 (“Arbitration Agreement”) carefully. It is part of your contract with JR and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

      1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for emergency equitable relief as set forth below) in connection with the Terms of Use or the use of any product or service provided by JR that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and JR, and its successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.
      2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to JR should be sent to: The Johnny Rockets Group, Inc., 1855 Boston Road, Suite 300, Wilbraham, MA 01095, Attn: General Counsel. After the Notice is received, you and JR may attempt to resolve the claim or dispute informally. If you and JR do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
      3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
      4. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The non-appearance arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties.
      5. Time Limits. If you or JR pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
      6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and JR, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JR.
      7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all
        claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and JR in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND JR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
      8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
      9. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality, unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek emergency equitable relief as set forth below.
      10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
      11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.
      12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with JR.
      13. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
      14. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the Hampden County, Massachusetts, for such purpose.
    1. Choice of Law
      These Terms of Use are governed by U.S. federal law and/or laws of the state of Massachusetts, consistent with the Federal Arbitration Act, without resort to conflict of law provisions.
    1. Notice.
      Where JR requires that you provide an e-mail address, you are responsible for providing JR with your most current e-mail address. In the event that the last e-mail address you provided to JR is
      not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms of Use, JR dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
      You may give notice to JR only at the following address:
      The Johnny Rockets Group, Inc. 1855 Boston Road, Suite 300 Wilbraham, MA 01095 Attn: General Counsel
      Such notice shall be deemed given when received by JR by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
    1. Waiver.
      Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    1. Severability.
      If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    1. Export Control.
      You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by JR are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior
      U.S. government authorization, export, re-export, or transfer JR products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    1. Electronic Communications
      When you visit the Properties or send or accept electronic messages through the Properties, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms of Use. You have a right to withdraw your consent to receive electronic communications at any time and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Properties. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, contact JR at contact@johnnyrockets.com or write us at The Johnny Rockets Group, Inc., 1855 Boston Road, Suite 300, Wilbraham, MA 01095, Attn: Guest Relations Team.
    1. Reviews, Comments and Use of Other Interactive Areas
      Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to any of the Properties by electronic mail, through the Website, or through other social network platforms operated by JR, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission, that you are at least 18 years old, and you grant JR a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that JR may choose to provide attribution of your comments or reviews at our discretion. You further grant JR the right to pursue at law any person or entity that violates your or JR rights in the Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.The Properties and/or JR social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items (“Interactive Areas”). If JR provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Properties or Interactive Areas any of the following:

      1. Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
      2. Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
      3. Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
      4. Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including JR;
      5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
      6. Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers, other identifying number, and credit card numbers;
      7. Viruses, corrupted data or other harmful, disruptive or destructive files;
      8. h.
        Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
      9. Submissions or links to Content that, in the sole judgment of JR, (i) violate the previous subsections herein, (ii) are objectionable, (iii) restrict or inhibit any other person from using or enjoying the Interactive Areas or the Properties, or (iv) expose or could expose JR or its users to any harm or liability of any type.

      JR takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is JR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. JR is not liable for any statements, representations or Submissions provided by its users in any public forum, personal home page or other Interactive Area. Although JR has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, JR reserves the right, and has absolute discretion to, or not to, remove, screen or edit without notice any Content posted or stored on the Properties at any time and for any reason.

      If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (1) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by JR or its licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (4) you forever release JR and its licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights.

      Any violation of the foregoing violates the Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Properties.

    2. Digital Millennium Copyright Act Notice
      JR respects the intellectual property rights of others. JR may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.If you believe your work has been copied and is accessible at the Website or other social network platforms operated by JR, in a way that constitutes copyright infringement, or that the Properties contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information
      required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

      Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: The Johnny Rockets Group, Inc., 1855 Boston Road, Suite 300, Wilbraham, MA 01095, Attn: General Counsel; by email: legalnotice@johnnyrockets.com; or by telephone: (888) 856-4669.

      Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    1. Release.
      You hereby release JR and any third-party service provider, and their successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Properties, including, but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
    1. Assignment.
      The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without JR’ prior written consent, and
      any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    1. Force Majeure.
      JR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    1. Questions, Complaints, Claims.
      If you have any questions, complaints or claims with respect to a restaurant or restaurant services, please contact the restaurant at https://www.johnnyrockets.com/locations/ or jrguestservices@johnnyrockets.com.
      If you have any questions, complaints or claims with respect to the Properties, please contact JR customer service at jrguestservicest@johnnyrockets.com.
  1. General Terms.
    You agree to use the Properties in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of JR, negatively reflect on the goodwill or reputation of JR, and to take no actions that would cause JR to be in violation of any laws, rules, rulings or regulations applicable to JR. JR and the Properties are based in the United States and all monetary amounts listed herein or in any of the Properties shall refer to U.S. dollars unless expressly stated otherwise. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts without reference to the principles of conflicts of law of that state or any other jurisdiction. Use of the Properties is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this paragraph. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.