Please read these website terms of use carefully before using the Chicken Guy! website (“Website”). The use of “You” or “Your” refers to any user of the products or services offered on the Website which is subject to these terms of use (“Terms”). When you use the Website, you accept these Terms, including any changes that are made from time to time.
By accessing, using, browsing or downloading in any way, without limitation, any material on the Website, you agree to and are bound by these Terms.
Capacity to Accept these Terms
You represent that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 13 years of age or older, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. If you are under 13 years of age and need to access the Website, request parental or guardian assistance.
Restrictions on Use
Chicken Guy, LLC, a Florida limited liability company, doing business as Chicken Guy! (“CG”, “we” or “us”), hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without CG’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms.
In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CG immediately of any breach of security or unauthorized use of your account.
Unless you have first obtained prior written approval, you may not do any of the following:
Intellectual Property Rights
The use of CG trademarks, service marks and logos is prohibited without CG’s prior written consent and CG will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute or use CG’s Website content in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from CG. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein.
Third-Party Copyrights
If you believe any content on the Website infringes your copyright, you may request removal of such content from the Website by contacting CG’s legal department by mail using the address below or email at [email protected]. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(2), please provide the following information:
Mailing address:
Attn: General Counsel
Chicken Guy!
4700 Millenia Blvd
Suite #400
Orlando, Florida 32839
Hyperlinks
If you have a website and wish to establish temporary or permanent links from or to CG’s Website, you must link to the Website homepage only. If you would like to link to another location within CG’s Website, you must obtain CG’s prior written consent.
Privacy Policy
All of the information that is collected from customers, such as email addresses and related personal information and credit card information, is subject to the Website privacy policy. Please see the Website Privacy Policy.
User Submissions
The Website content may now or in the future permit the submission of photos, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, CG does not guarantee any confidentiality with respect to any User Submissions. You agree that CG may publish your name and User Submission on the CG Website or in press releases or other mediums.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by CG. CG may use such submissions in any manner in the sole discretion of CG. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CG, you hereby grant CG a perpetual worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other CG or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms.
In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CG all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CG or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. CG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CG expressly disclaims any and all liability in connection with User Submissions. CG reserves the right to remove Website content and User Submissions without prior notice. CG also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. CG may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.
Warranties
The Website and the Website content are provided on a “as is” basis. To the fullest extent permitted by law, CG, its parent, subsidiaries, and affiliates (“CG Entities”), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The CG Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CG DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CG.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE CG ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT), ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF CG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE CG GOODS AND SERVICES, FROM INABILITY TO USE THE CG GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CG SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
Indemnity
You agree to defend, indemnify and hold harmless, CG, its parent company, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
You also agree to indemnify, defend and hold harmless CG and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.
Payment Verification
CG reserves the right to refuse service or decline orders for any reason. Accordingly, CG may request written verification and proof of a user’s identity by supplying CG with a copy of government issued photo identification at CG’s sole discretion.
Termination
CG has the right to terminate your access to the Website content for any reason whatsoever, if CG, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. CG may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website.
Arbitration
CG may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Governing Law and Exclusive Jurisdiction
This Website is controlled by CG from its offices within the United States of America. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in or for Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.
Gift Cards
The following terms and conditions apply to all CG gift cards:
This gift card is issued by CG. Treat this card like cash. Present this card for food, beverage, tip, or products at any participating Chicken Guy! restaurant. If this card is lost, stolen or destroyed, CG may replace this card if you provide the gift card number and receipt, and then, only for the unused value. Unauthorized resale, internet distribution or replication is strictly prohibited. No returns and not redeemable for gift cards or cash unless required by law, or CG company policy. No expiration date and no fees apply to this card. Purchase or use of this card constitutes acceptance of these terms and the terms at chickenguy.com. Valid at participating Chicken Guy! locations. For balance information or to find a location nearest you, please visit chickenguy.com.
© CHICKEN GUY, LLC. All Rights Reserved 2018.
Date: August 1, 2018
Chickenguy.com Website Accessibility Statement
Chicken Guy, LLC, a Florida limited liability company, doing business as Chicken Guy!, is committed to facilitating the accessibility and usability of its Web site, chickenguy.com, for all people with disabilities. Working with our retained accessibility consultant, Chicken Guy! will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) as its web accessibility standard or other standards to the extent required by the Americans with Disabilities Act (“ADA”). Our website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies.
Contact Chicken Guy! With Your Accessibility Questions:
Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular Web page on chickenguy.com, please contact us at [email protected]. If you do encounter an accessibility issue, please be sure to specify the Web page in your email, and we will make all reasonable efforts to make all pages hosted by Chicken Guy! accessible for you.
