Terms and Conditions of Use
Please read these terms carefully before using our services
1. YOUR AGREEMENT WITH JAWNY'S Inc
These Terms and Conditions of Use ("Terms") are a legal agreement between you and Jawny's Inc, together with its affiliates, parent companies, subsidiaries, franchisees, and related entities ("Jawny's," "we," "us," or "our"). These Terms govern your access to and use of any website, mobile application, online ordering platform, loyalty program, digital feature, or other online service operated by or on behalf of Jawny's that displays or links to these Terms (collectively, "Services").
By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and any additional terms or policies referenced herein ("Additional Terms"). If you do not agree, you must not access or use our Services.
These Terms apply regardless of the device or technology you use to access the Services.
IMPORTANT NOTICE:
These Terms include a mandatory binding individual arbitration agreement and class action waiver that affects your legal rights. Please review the arbitration section carefully.
2. CHANGES TO THESE TERMS
We may revise or update these Terms at any time. Any changes will become effective upon posting, as indicated by the updated "Last Updated" date.
Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use of the Services.
3. ACCOUNTS, PASSWORDS, AND SECURITY
Certain features of the Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to keep your account information updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You may not share your account or allow others to access it. You agree to notify us promptly of any unauthorized access or suspected security breach.
You represent that you are at least 13 years old. If you are under 18, you may use the Services only with the consent of a parent or legal guardian.
We reserve the right to suspend, restrict, or terminate accounts or access to the Services at any time, with or without notice, if we believe these Terms have been violated or for operational or security reasons.
4. ADDITIONAL TERMS
Some features or services may be subject to Additional Terms, including promotional rules, loyalty program terms, ordering terms, or contest rules. Additional Terms supplement these Terms and, in the event of a conflict, will control for the applicable feature or service.
5. PRIVACY
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information. The Privacy Policy is incorporated into these Terms by reference and may be updated from time to time.
6. ONLINE FOOD ORDERING
Jawny's may allow you to place orders for food and beverages through the Services at participating restaurant locations. Availability, menu items, pricing, and hours may vary by location.
You are responsible for reviewing your order before submission. Once submitted, orders may not be cancellable or refundable, depending on timing and restaurant policies. The restaurant fulfilling your order is responsible for preparation and fulfillment.
Prices, taxes, fees, and applicable charges will be disclosed at checkout. Payment must be made using an accepted payment method. We may use third-party payment processors to handle transactions.
Images displayed on the Services are illustrative only and may differ from the actual product served.
7. RETAIL ITEMS AND GIFT CARDS
Purchases of branded merchandise, gift cards, or other retail items through the Services may be governed by separate terms of sale, which are incorporated by reference.
8. MOBILE, MESSAGING, AND LOCATION FEATURES
a. Mobile Services
The Services may include mobile features such as apps, push notifications, and in-app communications. You consent to receive communications related to your account, orders, and selected features. Message and data rates may apply.
b. Text Messages
If you opt in to text messaging programs, you consent to receive recurring automated messages. Consent is not a condition of purchase. You may opt out at any time by following provided instructions.
c. Email Communications
You may subscribe to marketing emails and may unsubscribe at any time using the link provided in emails. Transactional or administrative messages may still be sent.
d. Location-Based Features
If you enable location services, we may collect location data to provide location-specific features, such as identifying nearby restaurants. Location accuracy is not guaranteed, and use is at your own risk.
9. INTELLECTUAL PROPERTY
All content available through the Services, including text, graphics, logos, images, software, and design elements ("Content"), is owned by or licensed to Jawny's and is protected by intellectual property laws.
You may not copy, reproduce, distribute, modify, create derivative works from, or exploit the Content without prior written permission.
10. RESTRICTIONS ON USE
You may use the Services only for personal, non-commercial purposes. You agree not to misuse the Services, interfere with their operation, attempt unauthorized access, use automated tools, scrape data, impersonate others, or violate any applicable laws.
In addition, you are prohibited from "co-branding" the Services without our prior written consent. ("Co-branding" means displaying a name, logo, trademark, or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish, or distribute the Digital Service or its Content.)
11. CONFIDENTIAL INFORMATION
Certain non-public information made available through the Services may be confidential. You agree not to disclose or misuse such information and to use it only for its intended purpose.
12. THIRD-PARTY SERVICES AND LINKS
The Services may include links to or integrations with third-party websites or services. Jawny's does not control and is not responsible for third-party content, policies, or practices. Use of third-party services is at your own risk.
JAWNY'S MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT OF THIRD-PARTY WEBSITES. ALL THIRD-PARTY SERVICES, CONTENT THEREOF, AND LINKS THERETO ARE PROVIDED TO YOU "AS-IS," AND WE SPECIFICALLY DISCLAIM ANY WARRANTIES WITH REGARD TO COMPLETENESS OR ACCURACY OF THESE LINKS OR THE WEBSITES THAT ARE LINKED TO THIS WEBSITE. THE INCLUSION OF ANY LINK TO OR CONTENT OF A THIRD-PARTY WEBSITE DOES NOT IMPLY OUR ENDORSEMENT OF OR AFFILIATION WITH THAT WEBSITE.
13. USER SUBMISSIONS
You may submit content such as feedback, comments, or photos. By doing so, you grant Jawny's a non-exclusive, royalty-free, worldwide license to use, display, and reproduce such submissions in connection with our business.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Jawny's, its subsidiaries, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from and against any and all third-party losses, damages, judgments, awards, expenses, and costs (including reasonable attorneys' fees) arising out of or related to your use of the Content or the Services.
15. TRADEMARKS
All trademarks, logos, and brand elements displayed through the Digital Services are owned by Jawny's or its licensors. Unauthorized use is prohibited.
16. COPYRIGHT COMPLAINTS
If you believe content on the Services infringes your copyright, you may submit a notice in accordance with applicable copyright laws. We reserve the right to remove allegedly infringing material.
17. DISCLAIMERS
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JAWNY'S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (ii) JAWNY'S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) JAWNY'S IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL JAWNY'S, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR CONTENT OR JAWNY'S SERVERS, OR ANY PERSONAL, FINANCIAL, OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER JAWNY'S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT IS TO STOP USING THE SERVICES OR CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
19. MANDATORY BINDING INDIVIDUAL ARBITRATION
a. Agreement to Arbitrate and Waiver of Class Actions
You and Jawny's mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your use of the Services, or the relationship between you and Jawny's including disputes regarding the validity, interpretation, scope, or enforceability of this arbitration agreement shall be resolved exclusively through binding arbitration on an individual basis.
This agreement applies regardless of when the claim arose and includes claims based in contract, statute, regulation, tort, or any other legal theory.
Exception: Either party may bring an eligible claim in small claims court, provided the claim remains in that court and proceeds only on an individual basis.
You expressly agree that:
- •Claims may be brought only in your individual capacity;
- •You may not participate as a plaintiff, class member, or representative in any class, collective, consolidated, or representative action;
- •Arbitrations may not be joined, combined, or coordinated with those of other individuals;
- •Claims may not be brought in a private attorney general or representative capacity.
You and Jawny's each knowingly and voluntarily waive the right to a jury trial. This arbitration agreement is governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce.
This arbitration provision survives termination of these Terms. If any portion of this arbitration agreement is found unenforceable, the remaining portions will remain in effect. To the fullest extent permitted by law, the parties waive any right to pursue claims for punitive or exemplary damages on a class or collective basis.
b. Arbitration Process and Procedures
Arbitration will be administered by JAMS and conducted pursuant to its applicable consumer arbitration rules and minimum fairness standards in effect at the time the arbitration is initiated (the "JAMS Rules").
To initiate arbitration against Jawny's, you must serve notice on Jawny's registered agent for service of process at the address designated for that purpose. Jawny's may accept service on behalf of its affiliates and franchisees where permitted by law.
All filing fees, administrative costs, and arbitrator compensation will be governed by the JAMS Rules and applicable law.
Unless otherwise agreed by the parties, arbitration will take place in California, or, at the election of the party seeking relief, may be conducted remotely by telephone, videoconference, or written submissions. The arbitrator will issue a written decision explaining the essential findings and conclusions supporting the award.
The arbitrator may grant only such relief as is permitted by applicable law and these Terms and may award declaratory or injunctive relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator does not have authority to resolve claims on a class, collective, or representative basis.
Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs unless applicable law provides otherwise.
20. TERMINATION
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violations of these Terms.
21. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.
22. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
23. CONTACT US
If you have questions about these Terms, please contact us at:
Address: 14062 Burbank Blvd, Sherman Oaks, CA 91401, United States