Terms of Use Agreement
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WWW.YOMAMAFRIEDCHICKEN.COM WEBSITE(S) AND OUR SERVICES.
WELCOME to the Yo-Mama Fried Chicken website(s) available at and under www.yomamafriedchicken.com and/or under other uniform resource locator(s) and the related or linked portals, information management systems, intranets, password protected information systems, email or wireless websites of our or our Franchisees' Yo-Mama Fried ChickenTM Restaurant and other System Restaurants (collectively, the "Yo-Mama Fried ChickenTM Sites") — developed, hosted, maintained or operated by Yo-Mama Fried Chicken ("we," "us," or "our") or our designees. This Terms of Use Agreement (this "Agreement") sets forth the terms and conditions governing your use of the Yo-Mama Fried ChickenTM Sites and your access to and use of the webpage, sub-pages, URLs, links, trademarks, tradenames, trade dress, slogans, logos, copyrights, information, other content, wireless services, portals, email functionalities, operating systems, and electronic communications or data management systems and services offered on or through the Yo-Mama Fried ChickenTM Sites (which, collectively with the Yo-Mama Fried ChickenTM Sites, constitute the "Services").
By accessing or using the Yo-Mama Fried ChickenTM Sites or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time-to-time by us (as further described below), and agree to all of our operating rules and/or policies and the Services that may be approved by us and published by us on the Yo-Mama Fried ChickenTM Sites. All these rules and policies are incorporated into this Agreement by this reference. If you are a Franchisee, see our Manuals. You agree to be bound by those as well. Further, certain areas of the Yo-Mama Fried ChickenTM Sites, including, without limitation, access to Franchisee only areas, or product or service ordering services may require registration and/or be subject to additional terms and conditions of use.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE YOMAMA FRIED CHICKENTM SITES OR USE THE SERVICES IN ANY MANNER.
We Reserve the Right to Revise this Agreement
We reserve the right, at any time and from time-to-time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon our publishing them on the Yo-Mama Fried ChickenTM Sites. Your continued use of any of the Yo-Mama Fried ChickenTM Sites following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference.
We May Revise or Terminate Any Part of the Services at Any Time
We reserve the right, at any time and from time-to-time, to modify or discontinue, temporarily or permanently, the Yo-Mama Fried ChickenTM Sites or the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Yo-Mama Fried ChickenTM Sites or the Services. We may refuse or restrict anyone from access to any or all of the Yo-Mama Fried ChickenTM Sites or the Services at any time.
Yo-Mama Fried ChickenTM Restaurants are Independent Contractors
If you are accessing any of the Yo-Mama Fried ChickenTM Sites that are particular to the independently owned and operated franchised or licensed Yo-Mama Fried ChickenTM Restaurant, you understand and agree that: although we may host, develop, maintain or operate the Yo-Mama Fried ChickenTM Sites on behalf of the Yo-Mama Fried ChickenTM Restaurant, the Yo-Mama Fried ChickenTM Restaurants are independent contractors operating under franchise agreements. If you are accessing this Terms of Use Agreement from one of these Yo-Mama Fried ChickenTM Restaurants' websites, you recognize that we are merely operating as a third party service provider providing advertising services to the Franchisee and are not, by operation, hosting, maintenance or development of the Yo-Mama Fried ChickenTM Sites, the Yo-Mama Fried ChickenTM Restaurants' partners, joint venturers, principal, employer, employee or agent. Yo-Mama Fried ChickenTM Restaurants operate as separate legal entities and under franchise agreements between them and us. They are not our agents or employees. They do not have any right to speak for us or on our behalf or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of Yo-Mama Fried ChickenTM Restaurants.
Acceptable Use of the Services
In order to use the Yo-Mama Fried ChickenTM Sites or the Services, you must obtain access to the World Wide Web directly or through devices that access content and pay any and all service fees, if any, associated with such access; we are not responsible for such fees or costs.
A) Individual Use. Except as provided in (B) below, you agree that you are only authorized to visit, view and to retain a single copy of pages of the Yo-Mama Fried ChickenTM Sites solely for your own individual, non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on the Yo-Mama Fried ChickenTM Sites for any purpose other than for your own individual use unless otherwise specifically authorized by us. We post "Legal Notices" and various credits on pages of the Yo-Mama Fried ChickenTM Sites, which may not be removed even in your permitted copy.
B) Commercial Use. If you wish to link, publish, frame, refer to or provide information about the Yo-Mama Fried ChickenTM Sites, our Marks, copyrighted materials or any Services on any website, web page, email address or the like operated by you or your affiliates, you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact us if you seek to obtain our permission to access the Yo-Mama Fried ChickenTM Sites for commercial purposes.
C) Deep Links. You shall not "deep link" to the Yo-Mama Fried ChickenTM Sites, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Yo-Mama Fried ChickenTM Sites for any purpose, unless specifically authorized in writing by us to do so. If you wish to deep link or add any link to the Yo-Mama Fried ChickenTM Sites for any reason, you must contact us and obtain our prior written approval.
D) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, "flooding," "mailbombing" or "crashing" the Services. Violations of system or network security may result in civil or criminal liability.
E) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER" THE YOMAMA FRIED CHICKENTM SITES OR ANY OF THE PAGES OF THE YOMAMA FRIED CHICKENTM SITES INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SERVICES.
F) Termination. We may and will terminate your service immediately, if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than their intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
G) You Are Responsible for All of Your Activities and All of the Content You Post. You represent and warrant that any information you post or provide to us by means of the Yo-Mama Fried ChickenTM Sites, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. You agree NOT to use the Services for or in connection with any of the following activities: (i) spoofing or otherwise impersonating any person or entity; (ii) any fraudulent or illegal purpose; (iii) emailing, uploading, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, or otherwise objectionable material of any kind; (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines intended to damage, destroy, disrupt or otherwise impair a computer's functionality; or (v) violating our rights in or to our intellectual property.
H) Account Password and User ID. If the Services require that you become a registered user, you must receive or establish one or more passwords and accounts in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security.
I) Do Not Violate Third Party Intellectual Property Rights. You may not use the Services or a Yo-Mama Fried ChickenTM Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others.
J) Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Yo-Mama Fried ChickenTM Sites, including without limitation any variation of the terms "Yo-Mama Fried ChickenTM" (the "Marks") and other Intellectual Property Rights are our or our licensors' registered and/or common law Marks. All content and materials on the Yo-Mama Fried ChickenTM Sites including, without limitation, the Marks, button icons, images, audio clips, and software, are our property or our licensors' and are protected by U.S. and international copyright, patent, trademark, and other proprietary rights laws. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the Yo-Mama Fried ChickenTM Sites, but you may download, display and print one (1) copy of the content displayed on our site on a single computer for your personal non-commercial use.
Compliance with Laws
You may use the Services and the Yo-Mama Fried ChickenTM Sites only for lawful purposes. The Services and use of the Yo-Mama Fried ChickenTM Sites are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services.
Your Access to Certain Services
As a convenience and courtesy to you, in addition to the Services offered to the general user of the Yo-Mama Fried ChickenTM Sites, we may provide you access to certain Yo-Mama Fried ChickenTM Sites for the purpose of contracting with us or Yo-Mama Fried ChickenTM Restaurant to sell products or services to you. If we do so, any offers or sales made in connection with the use of such Yo-Mama Fried ChickenTM Sites will be subject to our Purchase Policies and this Agreement.
E-Sign
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE YOMAMA FRIED CHICKENTM SITES. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us at support@yomamafriedchicken.com. We may charge you up to $15 per copy of this Agreement if we send a copy to you at a later date.
We Make No Warranties
YOUR USE OF THE SERVICES AND THE YOMAMA FRIED CHICKENTM SITES IS AT YOUR SOLE RISK. THE SERVICES AND THE YOMAMA FRIED CHICKENTM SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE YOMAMA FRIED CHICKENTM SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE YOMAMA FRIED CHICKENTM SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the Yo-Mama Fried ChickenTM Sites, or any other activities of yours accomplished using the Services or the Yo-Mama Fried ChickenTM Sites.
Order of Precedence
This Agreement governs your use of the Yo-Mama Fried ChickenTM Sites and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of such other agreements shall control.
Resale of Services
Unless you are a Yo-Mama Fried ChickenTM Restaurant Franchisee in full compliance with your agreements with us, you may not resell the Services (or any part thereof) without our prior written consent. If you wish to do so, contact us to determine if we will grant you permission to resell the Services or use the Marks in such manner. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or copyrighted material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us.
Choice of Law and Forum
The Services are controlled by us from within the State of Florida, USA, although they may be accessed and used throughout the world. By accessing or using the Services, you and we each agree that the substantive laws of the State of Florida, USA will govern with respect to all matters relating to or arising from this Agreement, and that such laws will apply without regard to principles of conflict of laws. You and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Hillsborough County, Florida, USA. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous Terms
Subject to the terms of this Agreement and our other operating rules and policies for the Yo-Mama Fried ChickenTM Sites, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and us relating to such subject matter. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Privacy Policy
You agree to the terms of our Privacy Policy published on the Yo-Mama Fried ChickenTM Sites.