Legal Notice: Terms and Conditions of Use
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any CFA Online Services
These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, any Chick-fil-A, Inc. ("Chick-fil-A") website, mobile application, and online service or program where these Terms and Conditions of Use are posted or linked ("CFA Online Services"). These Terms and Conditions of Use are a legal and binding agreement between you and Chick-fil-A, and, as applicable, its subsidiaries, affiliates, and related entities such as Chick-fil-A Canada ULC, 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 and Conditions of Use govern your use of the CFA Online Services, which includes the programs, offers, content, information, services, and features made available through the CFA Online Services. By downloading, accessing, or using the CFA Online Services, you acknowledge that you have read and agree to be legally bound by the Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, then you may not use the CFA Online Services. Your use of the CFA Online Services is at your risk. If you are dissatisfied with the CFA Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the CFA Online Services.
Modifications to These Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the CFA Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" section at the end of these Terms and Conditions of Use. Your continued access to or use of the CFA Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of CFA Online Services
The CFA Online Services and all content, information, and other materials featured, displayed, contained, and available on the CFA Online Services, 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 the United States, Canada and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the CFA Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. 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 CFA Online Services 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.
You agree to abide by all additional terms, conditions, and restrictions included within the CFA Online Services, the Materials, and/or the programs, features, and services.
Subject to applicable law, 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 any CFA Online Service, or any portion thereof; (2) change, revise, or modify the CFA Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the CFA Online Services, 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 CFA Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
You agree to use the CFA Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to, without limitation:
• modify, adapt, translate, or reverse engineer any portion of the CFA Online Services or the Materials;
• use the CFA Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
• use the CFA Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
• frame or mirror any portion or feature of the CFA Online Services;
• use the CFA Online Services or any feature for the purposes of sending, uploading, posting, displaying, or transmitting commercial electronic messages, including advertisements, chain letters, spamming, junk mail, solicitations, or any other promotional materials;
• harvest or otherwise collect or store any information, including personal information, about other users of the CFA Online Services, including email addresses, without the express consent of such users;
• use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the CFA Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the CFA Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the CFA Online Services;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the CFA Online Services or with any other person’s use or enjoyment of the CFA Online Services;
• transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
• circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Chick-fil-A;
• forge headers or otherwise manipulate identifiers;
• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
• submit or post any false or misleading information; and/or
• violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Chick-fil-A, its Affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the CFA Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
Subject to applicable law, we may, but shall not be obligated to, in our sole discretion, post any Submission on the CFA Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You represent and warrant that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Programs and Promotions
Chick-fil-A One Mobile App (United States)
In order to use CFA Online Services made available through the Chick-fil-A One Mobile Application (“the App”) you must be a resident of the United States, have a compatible mobile device; Chick-fil-A does not warrant that the App will be compatible with your mobile device.
If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
Chick-fil-A One Digital Gift Card (United States)
The Chick-fil-A Mobile App (the “App”) allows you to load funds onto a Chick-fil-A Digital Gift Card for use at participating Chick-fil-A locations. To load funds to your Chick-fil-A Digital Gift Card, sign into your Chick-fil-A One Account on the App, then open your card and enter a dollar amount and payment method (credit card, Apply Pay, etc.). The dollar value that you load onto your Chick-fil-A One Digital Gift Card with the Chick-fil-A One app is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the Chick-fil-A One Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a Chick-fil-A Digital Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law or permitted by these Terms and Conditions of Use, the dollar value on your Chick-fil-A One Digital Gift Card is nonrefundable and may not be redeemed for cash nor via a credit back to a credit card, including the credit card from which such funds were originally loaded. However, upon request, unused balances on a Digital Gift Card accessible via the App may be transferred to a physical Chick-fil-A gift card that you may use to make future purchases of Chick-fil-A goods and services or provide to a donee of your choice.
Chick-fil-A One Offers Program (United States)
The Chick-fil-A One Offers program is operated by Chick-fil-A and subject to the following additional terms and conditions (the “One Offers Terms”).
Eligibility. Chick-fil-A One Offers (“Offers”) are limited to persons residing in the United States who are eligible to use the CFA Online Services and who download the Chick-fil-A Mobile App (the “App”) and sign-up for a Chick-fil-A One account. You must be at least 13 years of age to redeem Offers in the Chick-fil-A One Offers program. Some activities may only be available to those who are at least 18 years of age. Chick-fil-A One accounts are limited to one individual per account. Offers are valid only at participating Chick-fil-A restaurants. To signup for a Chick-fil-A One account, download the App to your AndroidTM or iPhone® device and follow the prompts to access account sign-up and/or sign-in page in the App. You can also sign up by following the prompts at www.one.chick-fil-a.com or by creating an online account (i.e. Cow Calendar, Kids Club, etc.). (Note: In order to receive Chick-fil-A One Offers, you must download the App and redeem using the QR Code included in the App. See below for details). You will be required to provide the requested information, including, but not limited to, user name, password, name, and e-mail address. Chick-fil-A may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Chick-fil-A is not responsible for your inability to receive or redeem Offers or other loss arising from your failure to provide and maintain accurate contact information.
Chick-fil-A and participating Chick-fil-A restaurants may send messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, Offer confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of an your One account.
Your participation in any Offer is personal and non-transferable. Offer status and/or individual Offer may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Chick-fil-A One Offers. Offers made via Chick-fil-A One are purely promotional offers. You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Offer.
Offers. The CFA One Offers are issued on a periodic basis. They are referred to as ‘treats’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via the Chick-fil-A One account of your current Offer. Once you activate a Chick-fil-A One account, you progress towards an Offer and are eligible to receive special offers, from time to time. The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating Chick-fil-A restaurants, number of visits and frequency of visits to participating Chick-fil-A restaurants, interaction with other Chick-fil-A applications or promotions; or special offers made directly by Chick-fil-A Operators or Chick-fil-A which may include ways to progress toward your next Offer via a special promotion. For Offers that are based on purchases, the following types of purchases at a participating Chick-fil-A restaurant qualify: (1) placing and completing a mobile order for a qualifying purchase through the App; (2) using your Chick-fil-A One Digital Gift Card to complete a purchase or transaction at a participating Chick-fil-A restaurant; (3) logging into your Chick-fil-A One account online and making an online purchase at a participating Chick-fil-A restaurant; and (4) or completing a transaction at a participating Chick-fil-A restaurant and scanning the digital code linking to your Chick-fil-A One account at checkout.
You must use the App or if placing an online order, be signed in to your Chick-fil-A One account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Chick-fil-A One account. The qualifying purchase or activity will be applied to your One account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Chick-fil-A shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your Chick-fil-A One account.
Offers are purely promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food Offers, some restrictions apply and items are subject to availability at participating Chick-fil-A restaurants. All Offers must be redeemed prior to the stated expiration date for the Offer and in compliance with any other conditions associated with the particular Offer to be valid. It is your responsibility to check your Chick-fil-A One account periodically for Offers and use the Offers prior to the stated expiration date.
Activities which allow progress towards Offers do not count towards and may not be combined with other programs. Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed. Chick-fil-A reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Certain purchases and transactions do not qualify, including, without limitation: (i) purchases of Chick-fil-A gift cards or gift certificates; (ii) purchases or transactions made using an Offer or other promotional item (such as a Be Our Guest card); or (iii) catering purchases made as a guest (e.g. made while not signed in to your Chick-fil-A One account), whether made in-store, online or through the App. Chick-fil-A is under no obligation to provide you with any particular number of Offer opportunities or special offers. Chick-fil-A reserves the right to limit enrollment at any time.
Special Offers. Chick-fil-A and participating Chick-fil-A restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“Special Offers”). Special Offers may also be distributed to you via the App or via e-mail or mail from time to time (based on the information you have in your One account). Special Offers may include periodic promotional offers on food, beverages and merchandise. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that Chick-fil-A and participating Chick-fil-A restaurants may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Chick-fil-A; or if you have poor network connectivity. Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your Chick-fil-A One account information at the participating Chick-fil-A restaurant in order to redeem Special Offers. Read each offer carefully for specific details, conditions, limitations and restrictions.
Redeeming Offers. To redeem an Offer, you must present the valid Offer in the App at a participating Chick-fil-A restaurant (for in-person transactions) or be logged into your Chick-fil-A One account (for in App transactions). Offers are subject to availability and limitations as may be imposed by Chick-fil-A. Determinations regarding redemption of Offers are subject to the discretion of the participating Chick-fil-A restaurant. Only one Offer may be redeemed per transaction.
Once redeemed, the Offer will be indicated as redeemed in your Chick-fil-A One account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers and redeemed and expired Offers are available under your Chick-fil-A One account. Offers have no cash value and are not redeemable for cash, gift certificates or gift cards. Offers are promotional and do not constitute property of any Chick-fil-A One account holder. Chick-fil-A reserves the right to limit the redemption of specific Offers and limit the number of Offers available. Chick-fil-A reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.
Cancellation; Termination. You may opt-out of Chick-fil-A One Offers at any time, for any reason by cancelling your Chick-fil-A One account by calling Chick-fil-A CARES (1-866-232-2040). If you cancel your One account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption. If you re-enroll at any time, you will start at the introductory Offers level as applicable.
Upon cancellation, your Chick-fil-A One account shall immediately cease and you may no longer receive Offers, redeem Offers previously received, receive Chick-fil-A One benefits, or make purchases using remaining balances on Digital Gift Card funds accessible via your Chick-fil-A One account. Chick-fil-A has no obligation to compensate you for any unredeemed Offers or benefits following cancellation, or for unused balances on Digital Gift Cards accessible via your Chick-fil-A One account. Chick-fil-A will not refund any unused balances on Digital Gift Card funds accessible through your Chick-fil-A One account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), but will upon request at the time of cancellation of your Chick-fil-A One account transfer any unredeemed Digital Gift Card balances accessible through your Chick-fil-A One account to a physical Chick-fil-A gift card that you may use to make future purchases or gift to a donee of your choosing. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
Chick-fil-A reserves the right to suspend or terminate, at Chick-fil-A’s sole and absolute discretion, any Chick-fil-A One account if Chick-fil-A believes that the account holder has abused Chick-fil-A One Offers privileges, has violated or acted inconsistently with these Chick-fil-A One Offers Terms and Conditions or applicable law or acted in a manner harmful to our interests. Chick-fil-A further reserves the right to terminate a Chick-fil-A One account that has been inactive for a period of three (3) years or more. You understand and agree that termination by Chick-fil-A of a Chick-fil-A One account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers, as well as inability to access or use any remaining balances on Digital Gift Cards accessible via your Chick-fil-A One account. Upon termination of your Chick-fil-A One account, Chick-fil-A will not refund any unused balances on Digital Gift Card funds accessible through your Chick-fil-A One account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), but will upon request at the time of termination of your Chick-fil-A One account transfer any unredeemed Digital Gift Card balances accessible through your Chick-fil-A One account to a physical Chick-fil-A gift card that you may use to make future purchases or gift to a donee of your choosing.
Chick-fil-A reserves the right to terminate Chick-fil-A One Offers Program, or any or all benefits under Chick-fil-A One Offers, at any time, for any reason. In the event Chick-fil-A elects to terminate Chick-fil-A One Offers, Chick-fil-A will provide a notice of termination in accordance with these Terms, as they may be modified or amended from time to time. In the event of such termination, at Chick-fil-A’s election, Chick-fil-A may allow you to redeem any outstanding valid and unexpired Offers at a participating Chick-fil-A restaurant until expiration of such Offers. ANY UNREDEEMED AND UNEXPIRED OFFERS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT OFFERS OR (2) NINETY (90) DAYS AFTER CHICK-FIL-A ONE OFFERS PROGRAM TERMINATION.
General Restrictions. Chick-fil-A shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its One Offers Terms and Conditions and any decision it makes relating to termination or disabling of Chick-fil-A One your Chick-fil-A One account or of the overall Chick-fil-A Offers Program (including, but not limited to, cancellation of specific Offers) shall be final and binding. Should you object to any of these One Offers Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with Chick-fil-A One Offers, your sole remedy is to discontinue participation in Chick-fil-A One Offers programs and properly cancel your account in the manner provided above.
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 CFA Online Services 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 http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the CFA Online Services, 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) the applicable CFA Online Service and a description of where the Material that you claim is infringing is located within such CFA Online Service; (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:
ATTN: Marketing - DMCA Manager
5200 Buffington Road
Atlanta, Georgia 30349
DMCA details are available at http://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.
Login and Registration
Certain programs, offers, features, or services offered on or through the CFA Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, 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 unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Chick-fil-A or any other CFA Online Service 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.
Mobile Apps (United States)
In order to use CFA Online Services made available through a mobile application ("Mobile App") you must have a compatible mobile device; Chick-fil-A does not warrant that the Mobile App will be compatible with your mobile device.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App. Links To Third Party Sites and Social Media Pages
The CFA Online Services may contain links to other third-party websites, including the franchised operators of Chick-fil-A Restaurant businesses ("Operators"), and social media platforms, such as Facebook, Twitter, 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 Site, you do so at your own risk. Chick-fil-A and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site (including, without limitation, from an Operator Linked Site), your relationship is with that third party. 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.
Trademark Information and Ownership of Intellectual Property
Chick-fil-A® and Eat Mor Chikin® are registered trademarks and service marks of CFA Properties, Inc. ("CFA Properties") in the United States, Canada, and other countries. Chick-fil-A is a licensee of Chick-fil-A Properties. The absence of a trademark notice or legend indicating the registration or ownership by CFA Properties anywhere in the text of the CFA Online Services does not constitute a waiver of CFA Properties’ trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the CFA Online Services.
The CFA Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the CFA Online Services (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 CFA Online Services 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 strictly prohibited from using any Chick-fil-A Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit the CFA Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the CFA Online Services. 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 deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
Except where prohibited by law, Chick-fil-A makes no representations or warranties regarding the CFA Online Services and the Materials.
WE DO NO WARRANT THAT THE CFA ONLINE SERVICES 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 CFA ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS 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 CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES.
Limitations of Liability
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 CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR THE LIMITATION OF LIABILITY IN CONTRACTS, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
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 Conditions of Use; and/or (2) your (or anyone acting under your password or username) activities in connection with the CFA Online Services, and the Materials, programs, offers, features, and services made available through the CFA Online Services.
U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Chick-fil-A’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Chick-fil-A arising under these Terms and Conditions of Use shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any Georgia state or federal court with substantial experience in the internet industry and shall follow Georgia substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Chick-fil-A. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Chick-fil-A shall pay the costs and fees of JAMS and the arbitrator. Chick-fil-A agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the CFA Online Services or Terms and Conditions of Use, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to us at email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Chick-fil-A and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Chick-fil-A to resolve the dispute on terms either you or Chick-fil-A, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in court or another complaint process.
International Users and Choice of Law
No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the CFA Online Services, 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.
Violation of these Terms and Conditions of Use and Remedies
You agree that Chick-fil-A may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the CFA Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use 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 and Conditions of Use, 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 CFA Online Services as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations, and Severability
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about CFA Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:
5200 Buffington Road
Atlanta, Georgia 30349
1-866-CFA-2040 or 1-866-232-2040
Terms and Conditions of Use last updated on July 23, 2018.
Copyright © 2018 Chick-fil-A, Inc. All rights reserved.