Terms and Conditions for J.R. Crickets Halftime Online Services
Last updated: April 3, 2017
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN AN JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON J.R. CRICKETS HALFTIME’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
By accessing or using J.R. Crickets Halftimes websites, mobile applications, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with JJLG, Inc. ( “J.R. Crickets Halftime”, “we” or “us”), which controls and operates the online services from its headquarters at 2348 Cascade Road Southwest Atlanta, GA 30311. By accepting these terms, you also understand and consent to J.R. Crickets Halftime’s Privacy Statement , which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.
By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that J.R. Crickets Halftime close any online services account that you have created. You can request account deletion by sending an email to email@example.com , please include the email address of the account that you want deleted
1. About the online services.
Availability of products and services. J.R. Crickets Halftime products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. J.R. Crickets Halftime does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
J.R. Crickets Halftime right to update or terminate the online services. You understand and consent that (with or without notice) J.R. Crickets Halftime may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any J.R. Crickets Halftime mobile app that you have installed on your device.
Updates to these terms. J.R. Crickets Halftime may also update these terms at any time and at its sole discretion. If J.R. Crickets Halftime makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that J.R. Crickets Halftime close any online services account that you have created. To close your account, you can visit JRCricketsHalftime.com/contact or email us at firstname.lastname@example.org .
Independent businesses own and operate many restaurants. While J.R. Crickets Halftime operates and controls the online services, it is not responsible for the operation of most restaurants. Most restaurants are instead owned and operated by independent franchisees of J.R. Crickets Halftime and some are operated by J.R. Crickets Halftime subsidiaries (such franchisees and subsidiaries are together, “restaurants”). Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in the restaurant.
Links to job opportunities from the online services. J.R. Crickets Halftime and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by J.R. Crickets Halftime or restaurants. These opportunities are with the restaurant alone and not with J.R. Crickets Halftime or its parent company (J.R. Crickets Enterprises, Inc.). This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither J.R. Crickets Halftime nor its parent company receives a copy of any application you submit to a restaurant that is a franchisee, neither controls whether you receive an interview or are hired, and neither controls franchisees’ employment policies and practices. Neither J.R. Crickets Halftime nor its parent company employs independent franchisees. If you are hired by a restaurant that is a franchisee, only that franchisee, and not J.R. Crickets Halftime or its parent company (J.R. Crickets Enterprises, Inc.), will be your employer.
How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit www.JRCricketsHalftime.com/contact .
2. Our information practices and communications with you.
J.R. Crickets Halftime Privacy Statement. These terms incorporate J.R. Crickets Halftime Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.
How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from J.R. Crickets Halftime. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from J.R. Crickets Halftime. J.R. Crickets Halftime may use the information you have provided to us to communicate with you in accordance with J.R. Crickets Halftime Privacy Statement .
Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a J.R. Crickets Halftime franchisee, then you will need to opt out from them directly.
Additional information on text messages. When you opt in to any of our text message programs, you understand that such text message programs are separately governed by J.R. Crickets Halftime Text Messaging Program Terms & Conditions . You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or visit www.JRCricketsHalftime.com/contact or email us at email@example.com . For more information, please visit J.R. Crickets Halftime Text Messaging Program Terms & Conditions.
3. Sending orders to restaurants.
This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services. Please see the FAQs for more information on ordering.
About ordering. The purpose of ordering is to provide customers with a convenient way of building orders for products in advance and submitting their orders by checking in at a participating restaurant. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. Not all restaurants may choose to make their products available via ordering. You may need to enable location services on your device in order for ordering to function properly.
Registering your payment method. J.R. Crickets Halftime and the restaurants use third party providers to securely store your payment card information and process your payments to restaurants. You understand and agree that, when you register a payment card, J.R. Crickets Halftime or its third party providers may verify that the payment card you registered is valid. You also understand and agree that when you use ordering to make a purchase from a restaurant, that restaurant will be the merchant of record. Restaurants may require information other than your order code to verify your purchase. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE ALL PAYMENT CARDS YOU REGISTER.
You purchase products directly from restaurants. When you use ordering, you submit orders directly to a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order. The restaurant where you collect your products is responsible for preparing the products and providing them to you. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM RESTAURANTS (AND NOT J.R. Crickets Halftime OR ANY OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM) AND THAT NEITHER J.R. Crickets Halftime NOR ANY OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM RESTAURANTS USING ORDERING. J.R. Crickets Enterprises, Inc. (which is J.R. Crickets Halftime parent company), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the J.R. Crickets Halftime System”.
About the products in the online services. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.
About the prices in ordering. Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
Building, confirming and sending your order to a restaurant. You can use ordering to build your order and send it to a participating restaurant that you select. You do not make your purchase until you check in at a restaurant, and your payment card will not be charged until you check in at a restaurant. Orders made must be collected in person from the restaurant.
Checking in at a restaurant and making your purchase. You can check in at any participating restaurant, even if you selected a different restaurant when you built your order. You make your purchase from a restaurant when you complete your check in at that restaurant.
Updated order totals at check-in. Updated order totals at check-in can result from changes in products, pricing, taxes or other fees required by law due to your arrival at a different participating restaurant than you originally selected. Updated order totals can also result from the unavailability of certain products, changes in price, or other reasons.
Paying for your order. You make your purchase when you complete your check in at a restaurant. When you complete your check in, you authorize the restaurant to process your order total (and if updated, your updated order total). The restaurant’s payment service provider will process your order total amount (and if updated, your updated order total amount) to the payment card you selected when you built your order. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.
Cancelling your order, refunds and your consumer rights. You have the ability to update or abandon your order at any time until you check in your order at a restaurant. However, once you complete your check in at a restaurant, you cannot cancel it. If you desire to seek a refund for any reason, including if the products are unsatisfactory or other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals: (1) the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast deals may not be available at breakfast serving times); (3) unless otherwise stated each deal expires on redemption; (4) only one deal can be used per restaurant visit; (5) deals are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the app next to the deal. Not all deals may be combined with orders.
5. Ownership and Licenses for the online services.
J.R. Crickets Halftime intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of J.R. Crickets Halftime or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with J.R. Crickets Halftime or its licensors’ rights.
Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. J.R. Crickets Halftime reserves all other rights.
Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of J.R. Crickets Halftime or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
6. User submissions and unsolicited ideas.
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to J.R. Crickets Halftime through the online services (together, “submissions”). You understand that by submitting any information to J.R. Crickets Halftime through the online services, you grant J.R. Crickets Halftime a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. J.R. Crickets Halftime will not be required to treat any submissions as confidential.
Unsolicited ideas. It is J.R. Crickets Halftime policy not to consider unsolicited ideas. While we appreciate you taking the time to consider J.R. Crickets Halftime, we’re unable to review new ideas from outside the J.R. Crickets Halftime system. You expressly waive any and all claims against J.R. Crickets Halftime and all other Members of the J.R. Crickets Halftime System in connection with J.R. Crickets Halftime consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please see J.R. Crickets Halftime FAQs for more information.
7. Copyright notice.
J.R. Crickets Halftime will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to J.R. Crickets Halftime at: J.R. Crickets Halftime 2348 Cascade Road Southwest, Atlanta, Georgia 30311, Attn: DMCA copyright administrator, (404) 330-8874 or by email to firstname.lastname@example.org.
What to include in your infringement notice. Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit J.R. Crickets Halftime to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I 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. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”
8. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
a) Use the online services for any purpose that is unlawful or prohibited by these terms;
b) Delete or change any copyright, trademark, or other proprietary notices;
c) Attempt to obtain ownership or title to the online services, including the content;
d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
i) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, J.R. Crickets Halftime network or any user accounts associated with the online services.
9. Limitations on liability and disclaimers.
Limitations on J.R. Crickets Halftime liability. NEITHER J.R. Crickets Halftime NOR ANY OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT J.R. Crickets Halftime LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY J.R. Crickets Halftime OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. J.R. Crickets Halftime reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
J.R. Crickets Halftime provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. J.R. Crickets Halftime PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. J.R. Crickets Halftime DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. J.R. Crickets Halftime DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST J.R. Crickets Halftime AND ALL OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. J.R. Crickets Halftime does not endorse and is not associated with any of these third party services. NEITHER J.R. Crickets Halftime NOR ANY OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control. NEITHER J.R. Crickets Halftime NOR ANY OTHER MEMBERS OF THE J.R. Crickets Halftime SYSTEM HAVE ANY responsibILITY for J.R. Crickets Halftime FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond J.R. Crickets Halftime reasonable control. If such an event occurs, then J.R. Crickets Halftime obligations under these terms will be suspended for the duration of the event; and J.R. Crickets Halftime may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
10. Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service ), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:
• Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact J.R. Crickets Halftime, not Apple, using the above Support Services details;
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and J.R. Crickets Halftime (and not between you, or anyone else, and Apple); and
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
· J.R. Crickets Halftime makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
· These terms will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law.
Although these terms govern the online services as between J.R. Crickets Halftime and you only (and neither Apple nor any other Members of the J.R. Crickets Halftime System are parties to these terms), Apple and all other Members of the J.R. Crickets Halftime System are third party beneficiaries under these terms and will have the right to enforce against you those rights that J.R. Crickets Halftime holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
· The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
· On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of J.R. Crickets Halftime and other Members of the J.R. Crickets Halftime System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
· Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
· If J.R. Crickets Halftime fails to insist that you perform any of your obligations under these terms, or if J.R. Crickets Halftime does not enforce its rights against you, or delays in doing so, that will not mean that J.R. Crickets Halftime has waived its rights against you and will not mean that you do not have to comply with those obligations.
· J.R. Crickets Halftime may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if J.R. Crickets Halftime agrees in writing.