TERMS AND CONDITIONS OF USE

You must carefully read the below Terms and Conditions (“Terms and Conditions”) applicable to Carl’s Jr. websites, mobile applications, and other digital or online programs or services (together with all information, pages and subpages hosted thereunder, the “Online Services”). 

1. Introduction

By using the Online Services, you agree to these Terms and Conditions, which, together with our Privacy Policy, control your access to and use of the Online Services and all forms of information hosted thereunder, whether as part of the primary domain, any subdomain, mobile application or any other designation thereof, including text, pictures, animation, video and sound recording, software programs, and any other content that may now or shall hereinafter be present thereon, and binds you, your heirs, devisees, beneficiaries, executors, successors and assigns (“you”) and shall inure to the benefit of Carl’s Jr. Restaurants LLC (“Carl’s Jr.”, “we”, “us”, and “our”).

By accessing, browsing, or utilizing the Online Services 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 concerning the subject matter herein is superseded by these Terms and Conditions and is of no force or effect.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 access or use Online Services, you accept these Terms and Conditions.

IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS OR UTILIZE THE ONLINE SERVICES IN ANY MANNER WHATSOEVER.

If you have questions regarding these Terms and Conditions, please contact us using the information set out below.

These Terms and Conditions are subject to change by Carl’s Jr. in its sole discretion at any time. Please review the Terms and Conditions linked within the Online Services regularly to view the most recent version.

2. Use of Online Services

Material from the Online Services 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 as described below and certain limited online interactive activities, as expressly permitted by these Terms and Conditions or otherwise specifically stated by Carl’s Jr. 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 the Online Services is correct, accuracy cannot be guaranteed and no information on the Online Services 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 the Online Services. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Carl’s Jr. controls the Online Services from its world headquarters in Franklin, Tennessee, and makes no representation that these materials are appropriate or available for use in other locations. Use of the Online Services is prohibited where such use is in violation of applicable laws.

You may access and use the Online Services to view information about the products and services offered by Carl’s Jr., access and use features and services for their intended purposes, including, without limitation, ordering and delivery services, or as otherwise expressly authorized by Carl’s Jr. You agree not to access or use the Online Services 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 Canadian and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Online Services. Carl’s Jr. may, in its sole discretion, terminate or suspend your access to, and/or use of, the Online Services, 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 Online Services is terminated, you will not thereafter access, or attempt to access, the Online Services, directly or indirectly, until your suspension is removed and we give you express notice thereof.

Certain Online Services may allow you to submit or communicate with Carl’s Jr. via written posts, materials, comments, suggestions, ideas, photos, and other information and materials (“User Content”).  By submitting User Content in any form, you expressly grant us a perpetual, unrestricted, irrevocable, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to copy, disclose, reproduce, display, publicly perform, transmit, distribute and otherwise use your User Content, along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else.

By submitting User Content, you further agree: (i) that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Carl’s Jr.; (ii) that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) that you will not impersonate any person or organization, including without limitation, the personnel of Carl’s Jr., or misrepresent an affiliation with another person or organization; (iv) that any statements that you make about us or any of Carl’s Jr. products, services, or programs in any User Content will accurately reflect your personal beliefs and experiences with us and our products and services; (v) and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Online Services.

3. Privacy Policy

The treatment of your access to the Online Services, including, but not limited to, any personal information that the Carl’s Jr. collects, uses, or discloses when you are use the Online Services and when you use or purchase any goods or services provided by the Carl’s Jr. or offered through the Online Services, is subject to and governed by our Privacy Policy. Please review our Privacy Policy, which governs the manner in which we collect, use, and disclose your personal information.

You recognize and agree that when submitting any information, including personally information, to or through the Online Services, 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 there with.

4. Liability Disclaimer

Your access to and use of the Online Services 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 Online Services 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 Online Services. Your access to or use of any information or materials on the Online Services 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 Online Services meet your specific requirements.

Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE ONLINE SERVICES 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 ONLINE SERVICES OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE ONLINE SERVICES, (D) CARL’S JR. DOES NOT WARRANT THAT THE ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT THE ONLINE SERVICES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE ONLINE SERVICES OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CARL’S JR. IS NOT RESPONSIBLE FOR THOSE COSTS.

5. 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 Online Services at any time without notice. Carl’s Jr. advises that you check the Online Services frequently to obtain updates, and you expressly agree to be bound by any such updates. The products and services referred to in the Online Services may not be available in your city, town, province, or country. Carl’s Jr. reserves the right to change, modify and/or withdraw any products and services at any time without notice.

6. Communications

When you access and/or use the Online Services, you are communicating with Carl’s Jr. electronically. By accessing the Online Services 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 these Terms and Conditions or in our Privacy Policy, Online Services, communications, data and materials you send to the Online Services or to Carl’s Jr., whether by accessing the Online Services, 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 Online Services may be populated with User Content as noted in Section 2 above. Carl’s Jr. and all parties involved in creating, producing or delivering the Online Services, assume no responsibility or liability which may arise from the User Content, 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, the Online Services, 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.

7. Coupons, Promotions and Digital Offers

Coupons which are made available on Carl’s Jr. Online Services may be redeemed at participating restaurants. Some digital coupons may require you to perform specific redemption action within the Online Service. Coupons may not be altered, changed or modified in any way. Copying, sale and Internet auction and re-distribution of coupons in any form is strictly prohibited. All coupons are void where prohibited and redeemable for a limited time.

The Online Services may include various programs, offers, surveys, sweepstakes, contests, raffles or other similar promotions (collectively, “Promotions”) that are governed by rules and/or terms that are in addition to these Terms and Conditions. By participating in any such Promotion, you are subject to any such additional Promotions terms. You are responsible for reading and understanding: (i) the applicable Promotions terms (linked from the particular Promotion); and (ii) our Privacy Policy. Together, with these Terms and Conditions, (i) and (ii) govern your participation in, and any information you submit, in connection with any such Promotions.

With your consent, you may receive digital offers from Carl’s Jr. Each digital offer may include separate Terms and Conditions, which you are responsible for reading and understanding. By accessing or redeeming a digital offer, you agree to be bound by those terms. In addition, the following general terms apply to all digital offers:

  1. Digital offers are available for a limited time as indicated within each offer.
  2. Digital offers are limited to one use per recipient unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.
  3. Digital offers may only be redeemed at participating Carl’s Jr. restaurants.
  4. Digital offers are not transferable and are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
  5. Digital offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.

8. Mobile Website

To use the Online Services accessible through either the Carl’s Jr. mobile website (“the Application”), you must have a compatible mobile device and wireless mobile data service. You are responsible for obtaining and paying for such required devices and services, including without limitation all usage charges related thereto. Carl’s Jr. does not warrant that the Application will be compatible with your mobile device.

If you access the Application using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”) they 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 against you but that these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Application. You further agree that your access and use of the Application shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service and you acknowledge that you have reviewed those terms. These Terms and Conditions incorporate by reference the licensed application End User License Agreements (EULA) published by Apple and/or Google. For purposes of these Terms and Conditions, the Application is considered the “Licensed Application” as defined in the EULA and Carl’s Jr. is considered the “Application Provider”. If any of these Terms and Conditions conflict with the terms of the applicable EULA, these Terms and Conditions shall control. You further acknowledge and agree Apple and/or Google will not be responsible for any claims relating to the Application or your use or possession of the Application.

10. Online Ordering

Carl’s Jr. Online Services may include the ability to order online from participating franchised restaurants (“Operators”) via our third party service providers. These Terms and Conditions, as well as any additional terms and conditions that are presented or are available at the time you place an order, apply only to orders placed through the Online Services. Ordering may not be available through the Online Services for all restaurant locations and some restaurants do not sell all menu items. Images of menu items on the Online Services may not be identical to what is available or that you may receive from an individual Carl’s Jr. restaurant.

You are responsible for payment of your order by means of a payment option made available through the 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. By utilizing online ordering through the Online Services, you authorize Carl’s Jr. or a Service Provider to charge the payment method you specify. The Operator of the restaurant identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. Carl’s Jr. does not prepare the items you are purchasing from the Operator and the Operator remains responsible for all items that you purchase.

You understand that: (i) the prices for menu items displayed through the Online Services may differ from the prices offered or published by Operators for the same menu items at a restaurant location, and (ii) Carl’s Jr. reserves the right to change the prices displayed through the Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. Carl’s Jr. 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 Online Services. Any applicable taxes and fees, delivery and service fees, or other related 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 Online Services. Discounts, coupons and other offers may not be able to be combined with orders placed through Online Services.

11. Delivery Services

Delivery may also be available through the Online Services and/or select third-party delivery services for qualifying orders placed at participating restaurant locations. To determine which Carl’s Jr. locations in your area are participating, simply opt for delivery when placing an online order on one of our Online Services or download the third-party delivery service’s mobile application, input your delivery address, and you will be able to order from participating Carl’s Jr. restaurants in your area. When ordering through a third-party delivery service, you understand and agree that you are placing the order and paying that third-party service provider and not Carl’s Jr. or a restaurant Operator. The delivery services, regardless of whether they are place through Online Services or a third party, are provided by the third party, and Carl’s Jr. has 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.

12. Links to Other Sites

The Online Services may feature various links to HTML, scripts, graphics, images, video and audio, databases or other media assets, Online Services, content, or other files not hosted or operated by Carl’s Jr., including social media sites (each, a “Third Party Site”), and all such links are provided solely as a convenience to you. Carl’s Jr. has not reviewed any Third Party Site and does not control and is not responsible for any Third Party Site or its content. Notwithstanding any content on the Online Services indicative of the contrary, Carl’s Jr. makes no endorsement of or representation about any Third Party Site, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any Third Party Site linked to in the Online Services, you do so entirely at your own risk. Carl’s Jr. assumes no responsibility for the privacy, terms of use or other policies of any Third Party Site. Carl’s Jr. recommends that you review any Third Party Site’s privacy policies before submitting any information. Carl’s Jr. assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any Third Party Site navigated to or accessed from links hosted on or contained in the Online Services.

Carl’s Jr. does not guarantee that you will receive an alert when you leave the Online Services, and it is your responsibility to determine when you have left the Online Services.

13. Links to the Online Services

Generally, no third party may create a link to the Online Services from another online service or document without Carl’s Jr. prior written consent. Anyone linking to the Online Services must comply with all applicable laws, the following guidelines and these Terms and Conditions. With Carl’s Jr. prior written consent, a Third Party Site may link to the Online Services, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Online Services may not:
  • Create a border or browser environment around Online Services content,
  • Imply that Carl’s Jr. is endorsing it or its products,
  • Misrepresent its relationship with Carl’s Jr.,
  • Present false information about Carl’s Jr., its products or services,
  • Use the Carl’s Jr. logo or name or phrases without prior written permission from Carl’s Jr., or
  • 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.

14. Intellectual Property

“Intellectual Property” shall mean any and all intellectual property, including without limitation, works, inventions (whether patentable or not), discoveries, trade secrets, know-how, scientific formulae, data, information, reports, results, analysis, software, coding, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trademarks, trade dress, goodwill, copyright and includes any and all related rights, patents, patent rights, patent applications, trademark applications and registrations, and copyright registrations.

“Online Services Content” shall mean all Intellectual Property in and to the Online Services and all content displayed on or otherwise relating to the Online Services and Application, including but not limited to the overall interface, images, graphics, inscriptions, audio, video, music, text, accompanying documentation, colors, the backend, meta-data, software code, source code, object code, logos, symbols, slogans, the selection and arrangement of content, and the structure and overall look and feel.

Carl’s Jr. is the exclusive owner of the rights, title and interest in and to the Online Services Content. Other than as expressly permitted herein. Carl’s Jr does not grant you any express or implied permission to use the Online Services Content. You shall not take any step, by act or omission, that would violate Carl’s Jr’s rights in the Online Services Content, including its Intellectual Property rights. This includes, but is not limited to, any unauthorized copying, transmitting, modification, creation of derivative works based on, loaning, selling, assigning, or reverse engineering of the Application or the Online Services Content. You agree not to use any data mining, robots, or similar data and/or gathering and extraction methods in connection with the Application. You shall not infringe or otherwise violate any Intellectual Property right associated with the Application or Online Services Content.

Nothing in this Agreement transfers ownership in or grants any license to any Intellectual Property right in the Online Services, Application, or Online Services Content.

You shall not use the Online Services, the Application, or Online Services Content for any purposes beyond the scope of the access granted under these Terms and Conditions. Without limiting the generality of the foregoing, you shall not at any time, directly or indirectly:
  • Copy, modify, or create derivative works of any component of the Application or Online Services Content in whole or in part;
  • Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Online Services Content;
  • Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Application, in whole or in part, including any activity that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of Online Services, the Application, or Online Services Content;
  • Remove any proprietary notices from the Online Services, the Application, or Online Services Content;
  • Use the Online Services, the Application, or Online Services Content in any manner or for any purpose that infringes, misappropriates, depreciates the goodwill of any of Carl Jr’s trademarks or otherwise violates any Intellectual Property right or other right of any person, or that violates any applicable law;
  • Use the Online Services, the Application, or Online Services Content for the purpose of developing a product or service that may be competitive with Carl’s Jr.;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use the Online Services, the Application, or Online Services Content in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Online Services, the Application, or Online Services Content or that could damage, disable, overburden or impair the functioning of the Online Services, the Application, or Online Services Content in any manner;
  • Attempt to circumvent any technological protection measure or content-filtering technique employed within the Online Services, the Application, or Online Services Content or attempt to access any feature or area of the Online Services, the Application, or Online Services Content that you are not authorized to access;
  • Develop or use any third-party applications that interact with the Online Services, the Application, or Online Services Content without Our prior written consent, including any scripts designed to scrape or extract data from the Online Services, the Application, or Online Services Content;
  • Perform or attempt to perform any actions that would interfere with the proper working of the Online Services, the Application, or Online Services Content;
  • Prevent access to or the use of the Online Services, the Application, or Online Services Content by Carl’s Jr. or its users; and
  • Use the Online Services, the Application, or Online Services Content for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions.
Notwithstanding anything to the contrary in these Terms and Conditions, Carl’s Jr may temporarily suspend your access to some or all of the Online Services, Application, or Online Services Content without notice, for any reason. For greater certainty, and without limiting the foregoing, your access may be suspended if it is linked to any suspected:
  1. Threat or attack on any Intellectual Property related to the Online Services, Application, or Online Services Content;
  2. Security risk;
  3. Fraudulent or illegal activities;
  4. Prohibition by applicable law; or
  5. Breach of these Terms and Conditions.
Carl’s Jr. reserves all rights not expressly granted under these Terms and Conditions. Except for the limited rights and licenses expressly granted herein, nothing in these Terms and Conditions grants, by implication, waiver, estoppel, or otherwise, to you, the user, or any third-party Intellectual Property rights or other right, title, or interest to any of Carl Jr’s Intellectual Property. Carl’s Jr reserves the right at any time to alter the price, features, specifications, capabilities, functions, terms, release dates, general availability or other characteristics of the Online Services, Application, and Online Services Content. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Online Services and/or the Application on certain hardware.

Carl’s Jr. may replace or discontinue the Online Services or any part thereof at any time, for any reason, with or without notice, at Carl’s Jr.’s sole discretion.

Nothing contained on the Online Services should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Online Services 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 Online Services Content, 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 Online Services.

The use of Online Services Content 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 Online Services 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 Online Services in a way that constitutes copyright infringement, you may notify Carl’s Jr. by providing our copyright agent with a notice containing the following information:
  • Contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
  • Identification of the work or other subject matter to which the claimed infringement relates;
  • A description of the claimant’s interest or rights in or to the work or other subject matter;
  • Identification of the electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that Carl’s Jr. is capable of finding and verifying its existence;
  • The date and time of the commission of the claimed infringement; and
  • Any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

  • An offer to settle the claimed infringement;
  • A request or demand, made in relation to the claimed infringement, for payment or for personal information;
  • Any reference, including by way of hyperlink, to such an offer, request, or demand; or
  • Any other information that may be prescribed under applicable laws or regulations.
If the notice is not compliant with these requirements, Carl’s Jr. will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is Carl’s Jr.’s policy to remove or disable access to the infringing material; notify the User that posted, submitted, or uploaded the subject content that Carl’s Jr. has removed or disabled access to the material; and where Carl’s Jr. deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Service, in whole or in part.

To submit a notification of claimed infringement, please contact Carl’s Jr.’s designated agent at the following address:

Guest Relations
6700 Tower Circle, Suite 1000
Franklin, TN 37067

15. Feedback

If you send or transmit any communications or materials to Carl’s Jr. by email, telephone, or otherwise, suggesting or recommending changes to the Online Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“),Carl’s Jr. may use any Feedback that you voluntarily provide in connection with your use of the Application as part its business operations irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to Carl’s Jr. on your behalf, all rights, title, and interest in, and Carl’s Jr is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property rights contained in the Feedback, for any purpose whatsoever, although Carl’s Jr. is not required to use any Feedback.

15. Language

In case of any inconsistency between these English language Terms and Conditions and its translation into another language, this English language document controls.

16. Governing Law and Jurisdiction

Any claims arising out of or in relation to these Terms and Conditions shall be exclusively decided by courts of competent jurisdiction in Alberta, Canada. This Agreement will be governed by and constructed in accordance with the laws of the Province of Alberta and the federal laws of Canada without regard to conflicts of laws principles.

17. Severability

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.

18. Assignment

You may not transfer or assign any rights or obligations you have under these Terms and Conditions. Carl’s Jr. may transfer or assign these Terms and Conditions or any right or obligation under these Terms and Conditions at any time.

19. Headings

Clause headings have been included in these Terms and Conditions for convenience only and must not be considered part of or be used in interpreting this agreement.

20. No Waiver

No failure or delay by Carl’s Jr in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. Carl’s Jr. shall not be deemed to have waived any provision under these Terms and Conditions unless such waiver is in writing and executed by a duly authorized officer of Carl’s Jr. No waiver by Carl’s Jr. of any provision hereof on one occasion shall constitute a waiver of such provision on any other occasion.

These Terms and Conditions are effective as of January 1, 2024.