Chick-fil-A, Inc. Terms and Conditions of Use
Last Updated: June 19, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY CFA ONLINE SERVICES (AS DEFINED BELOW).
Table of Contents
These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, any Chick-fil-A, Inc. ("Chick-fil-A") website, mobile application, and online service or program where these Terms and Conditions of Use are posted, linked or incorporated by reference ("CFA Online Services"). These Terms and Conditions of Use are a legal and binding agreement between you and Chick-fil-A, and, as applicable, its subsidiaries, affiliates, and related entities such as CFA Properties, Inc. and CFA Servco, Inc. ("Affiliates") (Chick-fil-A and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms and Conditions of Use govern your use of the CFA Online Services, which includes the programs, offers, content, information, services, and features made available through the CFA Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the CFA Online Services.
Your use of the CFA Online Services is at your risk. If you are dissatisfied with the CFA Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the CFA Online Services.
II. Modifications to the Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the CFA Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" notice above. Your continued access to or use of the CFA Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
The CFA Online Services and all content, information, and other materials featured, displayed, contained, and available on the CFA Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, "Materials") are owned by or licensed to Chick-fil-A and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the CFA Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the CFA Online Services or its 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.
You agree to abide by all additional terms, conditions, and restrictions included within the CFA Online Services, the Materials, and/or the programs, features, and services.
The display of a menu item on the CFA Online Services does not mean that the menu item is available as all items are subject to availability and available while supplies last. We make a reasonable and good-faith effort to display and describe the menu items available through the CFA Online Services accurately and completely. However, the detail and accuracy of the images and specifications of menu items that you see will depend on a number of things. Consequently, we do not guarantee that the products, images, services or descriptions displayed or described to you are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time.
Chick-fil-A may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any of the CFA Online Services, or any portion thereof; (2) change, revise, or modify the CFA Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the CFA Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the CFA Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
IV. User Conduct
You agree to use the CFA Online Services, the Materials, and the programs, features and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful toward employees, contractors and agents of Chick-fil-A, its Affiliates, franchised Operators (as defined below), and partners and other users of the CFA Online Services. You agree not to:
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the CFA Online Services, the Materials, our franchisees, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use, the Chick-fil-A One® Terms and Conditions, and/or applicable law. Chick-fil-A further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through the Chick-fil-A® App or a Chick-fil-A One account, if Chick-fil-A believes that you have violated or acted inconsistently with these Terms and Conditions of Use, the Chick-fil-A One Terms and Conditions, or applicable law, or that you have acted in a manner harmful to our interests or our franchisees, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
Chick-fil-A shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use or the Chick-fil-A One Terms and Conditions, and any decision it makes relating to termination or disabling of CFA Online Services, Chick fil A One accounts or refusal to deliver any orders, including those placed through the Chick-fil-A App or a Chick-fil-A One account, shall be final and binding.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the CFA Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
VI. Programs and Promotions; Digital Offers
You may receive digital offers through the CFA Online Services from time to time. The following general terms apply to these offers:
VII. Chick-fil-A® App
In order to use CFA Online Services made available through the Chick-fil-A App (“the App”) you must have a compatible mobile device; Chick-fil-A does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
In order to take advantage of certain services made available through the App, including mobile payment, mobile ordering, and Promotions (including but not limited to digital offers), you must have a valid Chick-fil-A One account. The Chick-fil-A One Membership Program is operated by Chick-fil-A and subject to the Chick-fil-A One Terms and Conditions available at www.chick-fil-a.com/legal (incorporated here by this reference).
The App allows you to load funds onto a Chick-fil-A One Digital Gift Card for use at participating Chick-fil-A locations. To load funds to your Chick-fil-A One Digital Gift Card, sign into your Chick-fil-A One account on the App, then open your card and enter a dollar amount and payment method (credit card, Apply Pay, etc.). The dollar value that you load onto your Chick-fil-A One Digital Gift Card in the App is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the Chick-fil-A One Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a Chick-fil-A One Digital Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law or permitted by these Terms and Conditions of Use, the dollar value on your Chick-fil-A One Digital Gift Card is nonrefundable. It may not be redeemed for cash nor via a credit back to a credit card, including the credit card from which such funds were originally loaded, including upon termination of your Chick-fil-A One account. However, upon request, unused balances on a Chick-fil-A One Digital Gift Card accessible via the App may be transferred to a physical Chick-fil-A gift card that you may use to make future purchases of Chick-fil-A goods and services or provide to a donee of your choice.
VIII. Online Ordering
Chick-fil-A may provide you the ability to order online from participating franchised Operators of Chick-fil-A® restaurant businesses (“Operators”). These Terms and Conditions of Use apply only to orders placed through CFA Online Services (including catering orders). Ordering may not be available through the CFA Online Services for all restaurant locations, and some restaurants do not sell all menu items. Images of menu items on the CFA Online Services may not be identical to what is available or that you may receive from an individual Chick-fil-A restaurant. Please refer to the FAQs on the Chick fil A website and information in the App for more details.
You are responsible for payment of your order by means of a payment option made available through the CFA Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. Chick fil A will charge, and you authorize Chick-fil-A to charge, the payment method you specify either at the time you check-in at the Chick-fil-A restaurant (which in some circumstances, may occur automatically when you arrive at the restaurant) or at the time you place your order (for online catering orders). Chick fil A reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. The Operator of the Chick-fil-A restaurant business identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. Chick fil A does not prepare the items you are purchasing from the Chick-fil-A Operator and the Operator remains responsible for all items that you purchase.
You understand that: (1) the prices for menu items displayed through the CFA Online Services may differ from the prices offered or published by Operators for the same menu items at a physical Chick-fil-A restaurant location, and (2) Chick-fil-A reserves the right to change the prices displayed through the CFA Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, delivery and service fees, small order fees, or related fees and surcharges. Charges paid for completed orders are final and non-refundable. Chick-fil-A has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through CFA Online Services. Any applicable taxes, delivery and service fees, small order fees, or other related fees and surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the CFA Online Services. Discounts, coupons and other offers may not be able to be combined with orders placed through CFA Online Services. You may be able to, and in some circumstances you may be required to, use your Chick-fil-A One account in connection with certain ordering through CFA Online Services, in which case the Chick fil A One Terms and Conditions will also apply.
IX. Delivery Services
Chick-fil-A™ Delivery. Chick-fil-A Delivery is available for qualifying orders placed at participating Chick-fil-A restaurant locations. Menu items available for delivery may vary by restaurant. Orders must be placed within delivery times and for delivery within the specified radius of the participating Chick-fil-A restaurant. Not all Chick-fil-A restaurant locations offer Chick-fil-A Delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary. Delivery orders may require a minimum order of a certain amount (before applicable taxes and fees (including delivery and service fees)) or apply a small order fee, which may vary by restaurant location. The delivery fee does not include a voluntary tip or gratuity provided to the delivery team member. Chick fil A Delivery orders must be placed using applicable CFA Online Services. You can receive points and redeem rewards on eligible Chick-fil-ATM Delivery orders through the Chick-fil-A One® Membership Program. The following are not considered qualifying purchases for delivery orders and will not accrue points: amounts paid in delivery fees, small order fees, surcharges, gratuity, sales, use or other transactional taxes.
You will be able to see pricing and applicable delivery/service fees before placing your delivery order. Menu prices for delivery are higher than at restaurant locations, and additional delivery, small order fee, and other service fees may apply. Chick-fil-A and Chick-fil-A restaurant Operators may change applicable fees from time to time as necessary and appropriate for the services. Delivery services are not available on Sunday, when Chick-fil-A restaurant locations are closed. Enter your address on the Chick-fil-A website or access the App to see nearby Chick-fil-A restaurant locations and delivery options.
Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. Chick-fil-A and Chick fil A restaurant Operators are not responsible for inaccurate delivery time estimates or late deliveries. Chick-fil-A restaurants that offer delivery may also offer an order or location tracking system via the App on your mobile phone. Data usage or other like fees owed to your mobile carrier may apply.
From time to time, Chick-fil-A restaurant Operators may use third party delivery providers to fulfill delivery of orders for Chick-fil-A Delivery program, including autonomous delivery providers. You may receive communications from the third party delivery providers regarding your Chick-fil-A Delivery order, delivery time estimates, delivery status, and instructions for receiving your delivery.
No Fee Delivery Offers. From time to time, Chick-fil-A and Chick-fil-A restaurant Operators may provide limited time promotional offers where a customer can have a qualifying order delivered via Chick-fil-A Delivery without paying the applicable delivery fee. An order minimum (before applicable taxes and fees) or small order fee may be required, and qualifying orders must be placed from a participating restaurant location within the delivery radius of the restaurant and during available delivery hours. Promotional offer will be applied to eligible orders at the time of a completed purchase. Waiver of delivery fee does not preclude voluntary tips and gratuities and applicable small order fees, surcharges, sales, use or other transactional taxes will apply. Additional terms and restrictions may apply and will be included with or linked from the offer.
Third-Party Delivery Services. Delivery may also be available through select third-party delivery services identified on the Chick-fil-A website or in the App for qualifying orders placed at participating Chick-fil-A restaurant locations. When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not Chick fil A or a Chick-fil-A restaurant Operator. The delivery services are provided by the third party, and Chick-fil-A and the participating Chick-fil-A restaurant Operators have no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order. For clarification, delivery orders initiated on third-party food delivery platforms are not qualifying purchases and are not eligible to receive Chick-fil-A One® points or redeem rewards.
TITLE AND SALES TAXES FOR DOORDASH DELIVERIES. FOR DOORDASH DELIVERIES, TITLE TO FOOD PASSES FROM THE RESTAURANT TO YOU AT THE RESTAURANT’S LOCATION AND POSSESSION OF THE FOOD PASSES FROM THE STORE TO YOU AT THE RESTAURANT’S LOCATION WHEN DOORDASH PICKS UP THE FOOD ON YOUR BEHALF AS AN AGENT FOR YOU. DOORDASH IS ONLY PERMITTED TO, AND HAS AGREED TO, DELIVER PRODUCTS WITHIN THE TAXING JURISDICTION OF THE RESTAURANT. IN JURISDICTIONS WITH MARKETPLACE FACILITATOR LAWS, DOORDASH IS SOLELY RESPONSIBLE FOR CALCULATING AND REMITTING THE CORRECT TAX.
X. Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the CFA Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the CFA Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable CFA Online Service and a description of where the Material that you claim is infringing is located within such CFA Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
ATTN: Legal - DMCA Manager
5200 Buffington Road
Atlanta, Georgia 30349
DMCA details are available at https://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
XI. Login and Registration
Certain programs, offers, features, or services offered on or through the CFA Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Chick-fil-A immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Chick-fil-A or any other CFA Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. You may not use anyone else’s login at any time without their express written permission. Chick-fil-A shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Multi-Factor Authentication SMS Terms. For security purposes, you will be required to provide a one-time code sent to you via text message any time you sign-up for or log-in to your Chick-fil-A account, known as “multi-factor authentication.” One message per sign-up or log-in attempt. You acknowledge and agree that Chick-fil-A may send a confirmation text message with the one time code for authentication any time you sign-up or log-in to your Chick-fil-A account. Message and data rates may apply. Contact your wireless provider for more information about your text plan or data plan. You can get more information at any time by texting “HELP” to 232632. When you send the SMS message “HELP” to us, we respond with instructions on how to use the service.
You can cancel the SMS service at any time by texting “STOP” to 232632. When you send the SMS message “STOP” to us, we reply with an SMS message that confirms that you have been unsubscribed. Please note that a valid mobile phone number is required to enable the multi-factor authentication upon sign-up and log-in to a Chick-fil-A account and cancelling the SMS service will impact your ability to sign-up or log-in to your Chick-fil-A account. Chick-fil-A is not responsible for your inability to log-in to your account or any loss arising from your failure to enable transmissions from Chick-fil-A for proper account authentication.
Social Sign-On. The CFA Online Services may support sign-on from third-party platforms to make it easier for you to sign in or create an account. When you sign-in, you will be asked to establish an account by providing your name, email address, mobile phone number, and a password. If you elect to sign-on through a third-party platform, you may use those credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. You may disconnect the account from the third-party platform at any time by updating the settings in that account or by removing the authorization through the settings of that account. If the third-party service becomes temporarily or permanently unavailable for any reason, if you elect to delete your account with that third-party platform used to access the CFA Online Services, or if you unlink your account on the third-party platform and CFA Online Services account, you may not be able to log into your account though that third-party platform.
XII. Third-Party Sites and Social Media Pages
The CFA Online Services may contain links to other third-party websites, including the websites of Chick-fil-A restaurant Operators, and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. Chick-fil-A and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including, without limitation, from Operators’ Linked Sites), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or 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. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
XIV. Ownership of Intellectual Property
Chick-fil-A®, Chick-fil-A Stylized®, Chick-fil-A One®, the C Logo®, and other trademarks, service marks, and trade dress appearing on the CFA Online Services are the trademarks or service marks of CFA Properties, Inc. ("CFA Properties") or its third-party licensors in the United States and other countries. Chick-fil-A is a licensee of CFA Properties. The absence of a trademark notice or legend indicating the registration or ownership by CFA Properties or such third-party licensor anywhere in the text of the CFA Online Services does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the CFA Online Services.
The CFA Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the CFA Online Services (collectively, the "Chick-fil-A Intellectual Property") are owned by or licensed to CFA Properties, Chick-fil-A, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Chick-fil-A Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the CFA Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Chick-fil-A Intellectual Property without our prior express written permission. You are strictly prohibited from using any Chick-fil-A Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and/or its licensee(s) will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
XV. Electronic Communications
When you visit the CFA Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the CFA Online Services. 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 these Terms and Conditions of Use. You understand and agree that Chick-fil-A, its Affiliates or Providers, and anyone contacting you on their behalf, may send communications to you in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system, including but not limited to communications concerning orders placed through your account on the CFA Online Services.
XVI. No Warranties
Chick-fil-A makes no representations or warranties regarding the CFA Online Services and the Materials.
WE DO NOT WARRANT THAT THE CFA ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CFA ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES.
XVII. Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. NEITHER YOU NOR WE SHALL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. YOU AGREE CHICK-FIL-A IS NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO CHICK-FIL-A.
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS 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 (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless Chick-fil-A, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the CFA Online Services, and the Materials, programs, offers, features, and services made available through the CFA Online Services.
XIX. International Users and Choice of Law
The CFA Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Materials on the CFA Online Services 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 the CFA Online Services or export the Materials in violation of U.S. export laws and regulations. You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access the CFA Online Services 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.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CHICK-FIL-A AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION XX OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to Chick-fil-A, Inc., ATTN: Legal Department, 5200 Buffington Rd., Atlanta, GA 30349 (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) Chick-fil-A One member number, if applicable; (c) the email address and telephone number associated with your Chick-fil-A One account, if applicable; (d) a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Chick-fil-A, Inc., ATTN: Legal Department, 5200 Buffington Rd, Atlanta, GA 30349 and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.
If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Atlanta, Georgia.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms and Conditions of Use.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
XXI. No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the CFA Online Services, create any partnership, joint venture, employment, or other agency relationship between Chick-fil-A, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
XXII. Violations and Remedies
You agree that Chick-fil-A may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the CFA Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Chick-fil-A. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Chick-fil-A takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Chick-fil-A. You agree that Chick-fil-A will not be liable to you or to any third party for termination of your access to the CFA Online Services as a result of any violation of these Terms and Conditions of Use.
XXIII. Entire Agreement, Claims Limitations, and Severability
XXIV. Contact Information
If you have any questions about CFA Online Services or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:
5200 Buffington Road
Atlanta, Georgia 30349
1-866-CFA-2040 or 1-866-232-2040
Under California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
© 2020-23 CFA Properties, Inc. All rights reserved.
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