Effective Date: April 18th, 2011
1. Contact Information & Disclosure
This Site is provided by Wendy's International, LLC. Its name, street address and telephone number is One Dave Thomas Boulevard, Dublin, OH 43017 / (614)764-3100. We do not charge you for merely using our Site, but certain activities can involve charges such as purchasing gift cards. If you want to receive information about our name and address by email, or if you have a complaint about our service or want more information about services, click here for further information.
2. Restrictions on Use
Unless you have first obtained our non-electronic consent, you may not do any of the following:
3. Registration and Creating Profiles etc.; Attribution of Electronic Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a job). Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that, to the extent allowed by us and our site, you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or Wendy's has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, we may suspend or terminate your access, application, or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, programs, profiles or other services as being a use made by you, even if someone else used your identifier.
4. Intellectual Property; Grant of Limited License
As explained in the Legal Notices section, the Site and all (without limitation) text, design, graphics, mages, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site (collectively, "Content") is protected by trademark, copyright and other laws and contracts. The Site or Content may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way except when expressly allowed by the Terms or with the prior non-electronic consent of Wendy's. Modification or use of the materials for any other purpose may violate Wendy's intellectual property rights, all of which rights are reserved. Subject to these Terms, Wendy's grants you a revocable, nontransferable, nonexclusive, limited license to access and make use of this Site, when and as available, under the applicable terms, conditions and policies.
5. No Payment For Submissions
We do not pay or provide other consideration for any remarks, suggestions or ideas (including but not limited to those regarding business or restaurant processes or procedures, product ideas, marketing or advertising slogans, or improvement of products, the Site or Content), graphics, or other information communicated through this Site (collectively, "Submission"). You agree that all Submissions shall forever be the property of Wendy's and that Wendy's will not be required to treat them as confidential. Without limitation, Wendy's International Inc. (or a company in the Wendy's Organization designated by it) will have the exclusive ownership of the Submission and all present and future existing rights of every kind and nature everywhere. Wendy's shall be entitled to use the Submission for any commercial or other purposes without compensation to you or anyone else, even if a Submission may appear in the operations of Wendy's Organization.
6. Career Opportunities
You agree to indemnify, defend and hold harmless Wendy's and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or third parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms.
9. NO WARRANTIES
THE SITE, SERVICES, DATA, INFORMATION, CONTENT AND FUNCTIONALITY (COLLECTIVELY, "COMPLETE SITE")ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE (OR WARRANTY) THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE OR EFFECT ANY PARTICULAR RESULT, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH YOUR ENJOYMENT OF ANY PART OR ASPECT OF THE COMPLETE SITE.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NO ONE IN THE WENDY'S ORGANIZATION WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY PART OR ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WENDY'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
11. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THE TERMS (INCLUDING ANY INCORPORATED TERMS OR POLICIES) OR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING TORT) RELATING TO ANY PART OR ASPECT OF THE COMPLETE SITE SHALL BE, AT WENDY'S OPTION (OR THE OPTION OF A COMPANY IN WENDY'S ORGANIZATION THAT IS DESIGNATED BY Wendy's International, LLC.): (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE INFORMATION GIVING RISE TO YOUR DIRECT DAMAGES; OR (2) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE ITEM CAUSING YOUR DIRECT DAMAGES. YOU AGREE THAT THE DAMAGE EXCLUSIONS LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Linked Sites
Some links on the Site lead to other sites on the Internet that are owned and operated by third parties (the "Linked Sites"). Wendy's assumes no responsibility for the contents or policies of any Linked Site, for any link contained within a Linked Site, for any changes or updates to a Linked Site, or for any activity relating to a Linked Site (including but not limited to web casting or any other form of transmission). Wendy's provides these links solely as a convenience and the inclusion of any Linked Site does not mean that Wendy's endorses the Linked Site.
14. Entire Agreement; Miscellaneous
15. GOVERNING LAW AND EXCLUSIVE JURISDICTION
This Site is controlled by Wendy's from its offices within the United States of America and is directed to U.S. users. Wendy's products and services are available in many parts of the world and the Site may describe products and services that are not available worldwide. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export any data or Content of the Site in violation of U.S. export laws and regulations or the Entire Agreement.
The Entire Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Complete Site shall be governed by the laws of the State of Ohio, U.S.A. without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to the Entire Agreement or the Complete Site shall be litigated or otherwise heard exclusively in the appropriate forum in Ohio. You hereby consent to jurisdiction in a state or federal court sitting in Franklin County, Ohio 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 Ohio or federal law.
Notice to You. You agree that we may give you all notices that we are required to give by posting notice on the Site or, if we have your email address or other electronic address or number ("Contact Address"), by sending notice to your Contact Address in our discretion, including (without limitation) disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. We may provide such notice to any Contact Address that you provide to us. You agree to keep your Contact Address current when possible. You also agree to check for notices posted on the Site.
Notices to Us (Our Address for Legal Notices). There is only one of you but we have several locations, receive many electronic communications, and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to ("Our Address for Legal Notices"):
Wendy's International, LLC.
17. Termination or Cancellation; No Continuing Rights
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as your resume for use in a job application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
18. Agreement to Conduct Transactions Electronically
Subject to applicable law and any contrary terms on Site screens (e.g., if you purchase a physical gift card, a physical card will be delivered), you agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. This includes (without limitation) electronic delivery, notices, disclosures, and all other aspects of the transaction. We also reserve the right to deal non-electronically and require you to do so.
19. Legal Notices
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms. Users may review the notices by clicking on their link:
Notice: No Harvesting or Dictionary Attacks Allowed
We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by our appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks
The trademarks Wendy's, Wendy's Logo, Wendy's Old Fashioned Hamburgers and all other trademarks used in the Site are owned by (1) Oldemark LLC, a wholly owned subsidiary of Wendy's International, LLC., and used under license by Wendy's and its affiliated organization; or (2) their respective trademark owners.
You may not use any of the trademarks displayed on this Site or in any Site content except as provided in the Terms. Any other use is strictly prohibited and all rights are reserved.
Notice Regarding Copyright Ownership: © Oldemark, LLC. All Rights Reserved 2011.
As used herein, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site. All Content on the Site or any related site (such as www.wendysbreakfast.com), and any other world wide web site owned, operated, licensed or controlled by Wendy's Organization, is subject to intellectual property right, contractual or other protection. The intellectual property rights are owned by Wendy's Organization or their licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express terms of the Terms with the prior non-electronic consent of Wendy's or its designee. Modification or use of the materials for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users – all title and rights remain with Wendy's.
Notice Regarding Copyright Agent
Wendy's respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent in the following manner to:
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).