Chick-fil-A Play App Terms & Conditions of Use
Last Updated: October 17, 2024
THESE TERMS AND CONDITIONS OF USE (“TERMS”) SET OUT THE RULES FOR USING THE CHICK-FIL-A PLAY APP. PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING THE APP (AS DEFINED BELOW).
IF YOU DOWNLOAD OR USE THE APP, YOU ARE AGREEING TO AND ACCEPTING THESE TERMS. IF YOU DO NOT WANT TO OR CANNOT AGREE TO THESE TERMS, THEN YOU MUST NOT DOWNLOAD OR USE THE APP.
BY ACCEPTING THESE TERMS YOU AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND US RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY THEN THAT DISPUTE WILL BE RESOLVED THROUGH AN ARBITRATION PROCESS (INSTEAD OF IN THE COURTS), UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT. PLEASE READ THE BINDING DISPUTE RESOLUTION CLAUSE IN SECTION XXIII BELOW FOR MORE DETAILS.
BY ACCEPTING THESE TERMS, YOU ALSO AGREE TO OUR PRIVACY POLICY, LOCATED https://www.chick-fil-a.com/legal/privacy/chick-fil-a-play-privacy-policy, WHICH IS INCORPORATED INTO THESE TERMS AND MAY BE UPDATED FROM TIME TO TIME.
I. How and When These Terms Apply
If you access, use, or play the Chick-fil-A Play mobile application and online service or program (the "App") you agree to follow the rules set forth in these Terms. These Terms are a legal and binding agreement between you and Chick-fil-A, Inc. (“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 are the rules that apply when you use the App, which includes the programs, offers, content, information, services, and features made available through the App. If you do not agree to these Terms, then you should not use the App.
By using the App, you represent that you have either reached the age of "majority" where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the App, including purchases, whether the minor’s account is now open or created later.
Your use of the App is at your risk. If you are dissatisfied with the App in any way, your sole and exclusive remedy is to stop accessing and using the App.
II. How and When We Can Make Changes to the Terms
We can update, change, modify, or revise these Terms at any time. Any changes will become effective when we post them to the App and we’ll also update the date where it says "Last Updated" at the top of this page. If you continue to access or use the App and its programs and offers after any changes, that tells us that you are accepting the Terms with the new changes. You are responsible for reviewing the Terms regularly for updates.
III. Our Ownership of the App and Your Rights to Use It
The App and all content, information, and other materials featured, displayed, contained, and available on the App, 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. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the App for noncommercial purposes only. You may only view, display, copy, download, and print the Materials for your own personal, noncommercial use. In other words, you can’t try to make money from our Materials, distribute copies of our Materials to anyone else, or sell the Materials to anyone else. You may not remove or modify any copyright, trademark, or other proprietary notices in the Materials. 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 App 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.
If there are any additional terms, conditions, and restrictions included within the App, the Materials, and/or the programs, features, and services, you agree to follow those rules too.
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 the App, or any portion thereof; (2) change, revise, or modify the App, the Materials, or any portion thereof; (3) interrupt the operation of the App, 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 App, 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. Rules for How You Use the App
Chick-fil-A has some rules on how you can use the App. When you use the App, the Materials, and the programs, features and services, you agree to follow the rules of these Terms and all laws and regulations that apply. You also agree not to:
Chick-fil-A may prohibit access, use, conduct, communications, or content that we, in our sole discretion, think is harmful to us, the App, the Materials, our franchisees, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and/or
applicable law. Chick-fil-A may, but doesn’t have to, terminate, suspend, or cancel your account (if applicable) and/or access to the App, if Chick-fil-A believes that you have not followed the rules in these Terms or applicable law, or that you have acted in a manner harmful to our interests or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
It is up to Chick-fil-A to decide what actions should be taken (if any) in cases of suspected abuse, fraud, or violations of these Terms, and any decision it makes relating to canceling or disabling your access to the App will be final and binding. In other words, Chick-fil-A can choose to terminate or disable access to your account, and that decision will be final.
V. Programs and Promotions; Digital Offers
Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the App may also be governed by other rules and/or terms that are in addition to these Terms. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Chick-fil-A urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy, https://www.chick-fil-a.com/legal/privacy/chick-fil-a-play-privacy-policy, which, in addition to these Terms, governs any information you submit in connection with any such Promotions.
VI. Photosensitive Warning
A very small percentage of users may experience seizures when exposed to certain visual images, including light patterns or flashing lights that may appear in video games. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you have a history of seizures or an epileptic condition, consult your physician prior to using the App. If you experience any of the following symptoms while playing a video or computer game -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY stop using the App and consult your physician before resuming play.
VII. Devices and Software You Need to Use the App
To use the App, you have to have a compatible device, and certain software may require periodic updates, and your use of the App may be affected by the performance of these elements. You can access the App with almost any mobile or other devices (Internet connection required). You are responsible for understanding and complying with any limitations on the use of those mobile or other devices. When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the App may be prohibited or restricted by your network provider and the App may not work with your network provider or device.
VIII. Limitations on Your Use of Content
You can’t use the App outside of the United States, and the content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. You might only be able to view or interact with certain content during certain periods of time, based on the permissions we get from other parties to use that content. You may be able to temporarily download certain Content for offline viewing on certain devices. The length of time that downloads remain available for offline viewing may be subject to limitations, and those limitations may change from time to time as we decide.
IX. Experimental Features
We like to continually improve the App, so we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the App, including promotions, features, advertisements, user interfaces, plans and pricing. It is up to us whether to implement these features. These feature may be subject to additional terms and may not apply to every user.
X. Content Quality
The quality of the display of the App may vary on different devices and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. We use various technologies to provide you with an optimal viewing experience. That said, not all content is available in all formats. As a result, we are unable to make any promises or warranties about the App content in these respects.
XI. Submissions and Unsolicited Ideas Policies
We do not accept or consider unsolicited (meaning, not requested by us) creative ideas, suggestions or materials, and are not responsible if our content or programming in any media is similar to materials or ideas submitted to us. If you send any unsolicited materials or ideas, you do so with the understanding that no additional payment or consideration of any sort will be provided to you, and you are waiving any claim against Chick-fil-A and its Affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
XII. Recipes
As part of the App, we may offer recipes and information dealing in the preparation of food. All recipes are provided “as is”, and we in no way provide any warranty, implied or otherwise, regarding the content of the recipes. You are responsible for determining the value and quality of any recipe or instructions provided for food preparation and for determining the nutritional value, if any, and safety of the preparation instructions. Food preparation and ingestion from recipes taken from the App is done "at your own risk". We are not responsible for any damage, medical or otherwise, resulting from the preparation of food using the instructions or recipes provided on the App. You must carefully review the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the App.
XIII. 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 App 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 App, 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) a description of where the Material that you claim is infringing is located within the App; (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:
Chick-fil-A, Inc. ATTN: Legal - DMCA Manager dmca@chick-fil-a.com 5200 Buffington Road Atlanta, Georgia 30349 404-765-8000
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.
XIV. Login and Registration
Certain programs, offers, features, or services offered on or through the App may require you to complete a registration process and/or setup an account or login. If you complete this type of registration process, 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 use of your login without your permission, or any other breach of security. You may be held liable for losses
incurred by Chick-fil-A or any other App 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. In other words, you should keep your login details safe and secure, and not share them with anyone else. You are responsible if someone else uses your login details and something goes wrong.
XV. Links to Other Sites and Social Media Pages
The App 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 are not responsible to you or anyone else for your use of Linked Sites, or the content, policies, or actions on those Linked Sites. If you choose to purchase any product or service from Linked Sites (including, without limitation, from Chick-fil-A operators’ Linked Sites), you do so at your own risk and if any issues arise, Chick-fil-A is not responsible. 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.
XVI. Privacy Rules
We care about your privacy and have a policy to explain how we handle your personal information. Chick-fil-A's Privacy Policy applies to use of the App and programs, offers, and promotions, and its terms are included as part of these Terms. By accessing and using the App you agree to our handling of your personal information as described in our Privacy Policy https://www.chick-fil-a.com/legal/privacy/chick-fil-a-play-privacy-policy.
XVII. Ownership of the App, Materials and Other Intellectual Property
Chick-fil-A®, Chick-fil-A Stylized®, Chick-fil-A Play®, Chick-fil-A Play Logo®, Chick-fil-A One®, the C Logo®, and other trademarks, service marks, and trade dress appearing on the App 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. Even if there isn’t a trademark notice or legend indicating the registration or ownership by CFA Properties or such third-party licensor in the text of the App, that doesn’t mean that party is giving up any of its trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the App.
The App, the Materials, and the trademarks, logos, service marks, and all other material that identifies a party or source that is displayed on the App (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 App 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 not allowed to use any Chick-fil-A Intellectual Property except as expressly stated in these Terms. 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.
XVIII. Communicating With Us Electronically
When you visit the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications, including informational and transactional messages, from us electronically. We will communicate with you by e-mail, push notifications or by posting notices on the App. 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 considered to be given and received on the date we send any such electronic communication as described in these Terms. 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 App. Our communications may provide an opportunity to opt out. For example, you can opt out of our emails by clicking the “unsubscribe” link at the bottom of the email and opt out of text messages by following the cancellation instructions in our SMS Terms and Conditions of Use https://www.chick-fil-a.com/legal/terms-conditions/sms-terms-conditions-of-use.
XIX. The App and Materials Are Provided “As Is” With No Warranties
Chick-fil-A makes no representations or warranties regarding the App and the Materials.
WE DO NOT WARRANT THAT THE APP 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 APP OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE APP, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE APP AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE APP 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 APP AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE APP.
XX. 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 APP AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE APP, 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.
IN OTHER WORDS, CHICK-FIL-A IS NOT RESPONSIBLE IF YOU HAVE ANY PROBLEMS OR ISSUES WITH THE APP, AND WE WILL NOT OWE YOU ANY MONEY. HOWEVER, WE ACKNOWLEDGE THAT YOU HAVE CERTAIN RIGHTS UNDER THE LAW WHICH CANNOT BE TAKEN AWAY. NOTHING WE SAY IN THESE TERMS WILL, OR IS INTENDED TO, AFFECT THOSE LEGAL RIGHTS, EVEN IF WE SAY SOMETHING WHICH SOUNDS LIKE IT CONTRADICTS YOUR LEGAL RIGHTS.
XXI. Indemnification (Defending Chick-fil-A)
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/or (2) your activities in connection with the App, and the Materials, programs, offers, features, and services made available through the App. In other words, if someone sues or brings a legal claim against Chick-fil-A or any party or person related to Chick-fil-A because you broke one of the rules in these Terms or because of how you used the App or Materials, then you are responsible to defend Chick-fil-A for that claim and to pay any costs that result (including paying for Chick-fil-A’s lawyers’ fees).
XXII. Using the App Outside of the United States and Choice of Law
The App is controlled, operated, and administered by us and our service providers from offices within the United States of America. We don’t promise that Materials on the App 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 App 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 App from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.
XXIII. Dispute Resolution, Binding Arbitration, and Class Action Waiver
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 – IF A DISPUTE ARISES, YOU AGREE NOT TO SUE IN FRONT OF A JUDGE OR JURY. YOU AGREE NOT TO PURSUE CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANYTHING ELSE WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. AND YOU ARE NOT PERMITTED TO COMBINE INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES. THIS SECTION XXIII OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION. YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms, the Terms will govern. The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
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) your email address and telephone number; (c) a written description of the problem, relevant documents, and supporting information; and (d) 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.
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.
XXIV. No Agency Relationship
Neither these Terms, nor any Materials, programs, offers, features, or services of the App, 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.
XXV. Our Remedies If You Violate These Terms
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 App if we determine that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms 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, 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 App as a result of any violation of these Terms.
XXVI. App Store Rules
Apple Disclaimer. If you downloaded the App from the Apple app store, or an electronic store owned by any affiliate of Apple (“App Store-Sourced Software”) then these terms apply:
You acknowledge and agree that these Terms are solely between you and Chick-fil-A, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the Apple Media Services Terms and Conditions and the Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Chick-fil-A as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the HealthKit and HomeKit frameworks; and all such claims are governed solely by these Terms and any law applicable to Chick-fil-A as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Chick-fil-A acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof. You must comply with applicable third-party terms of agreement when using the App Store-Sourced Software. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Contact Chick-fil-A for any questions, complaints or claims with respect to the App Store-Sourced Software.
Google Play Disclaimer. If you downloaded the App from the Google app store, or an electronic store owned by any affiliate of Google (“Google Play-Sourced Software”), these terms apply:
You acknowledge and agree that these Terms are solely between you and Chick-fil-A, not Google Play, and that Google Play has no responsibility for the Google Play-Sourced Software or content thereof, nor liability whatsoever under these Terms. You acknowledge that Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the Google Play-Sourced Software. You must contact Chick-fil-A concerning any defects or performance issues in the Google Play-Sourced Software.
Amazon App Store Disclaimer. If you download the App from the Amazon app store for Android (“Amazon App Store”), these terms apply:
You agree to be bound by the Amazon App store for Android terms of use that Amazon provides when you download the App from the Amazon App Store (“Amazon Terms”). If there is a conflict between the Amazon Terms and these Terms, the Amazon Terms will control. If you do not want to comply with the Amazon Terms, you may not download or use the App from the Amazon App Store.
XXVII. Entire Agreement, Claims Limitations, and Severability
These Terms, together with our Privacy Policy and any other applicable terms included within the App, and/or the Materials, programs, offers, features, and services made available through the App, as each is currently posted on the App, constitute the entire agreement between us and you with respect to your use of the App and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the App must be begin within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms, our Privacy Policy, or any portion thereof, to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Privacy Policy will continue in full force and effect.
XXVIII. Accessibility
We aim to make the App accessible to all users, including people with disabilities. Consistent with this goal, we seek to continually improve the usability of the App. These efforts are guided by the recommendations referenced in the Web Content Accessibility Guidelines (WCAG) and other accessibility standards. If you have any questions or feedback about the accessibility of the App, please contact us at 866-232-2040 or https://www.chick-fil-a.com/contact-support.
XXIX. Contact Information
If you have any questions about App or these Terms, or you would like to report violations of these Terms, please contact us at:
Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, Georgia 30349
1-866-CFA-2040 or 1-866-232-2040
https://www.chick-fil-a.com/Connect/Contact-Us-CARES
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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