You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. WE reserve the right to remove, reclaim, or change a username you select if we determine in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the Site, you represent and warrant that (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of the information and update as necessary; (3) you will keep all information and content on the website confidential to be shared only with other A&W employees or affiliates who would be permitted to access this site through their own registration; and (4) you have the legal capacity and agree to comply with these Terms.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained herein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. Provided you are eligible to use the Site, you are granted limited license to access and use the Site and to download or print a copy of any portion of the Content. However; your access and use of the Content is permissible to the extent provided in your Franchise/License or other Agreement with us.
You may not access or use the Site for any purposes other than for which we make the Site available. The Site nor the Contents should be used in connection with any commercial endeavors except that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-Party Content’). Such Third-Party Websites and Third- Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereby by us. If you decide to leave the Site and access Third-Party Websites or to use or install Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content with Third-Party Websites.
By using the Site, you agree to be confidentially bound by the information contained therein. The Content is specifically for Franchise Partners and their employees for information, tools and other guidance for the operation of their A&W Restaurant. Use of this information for any other purpose is a violation of these Terms and could result in removal of your access. It is the responsibility of the Franchise Partner to ensure that only employees of their business have access to the Site and that when an individual is no longer employed, the Franchise Partner is responsible for notifying A&W Restaurants, Inc. to remove the former employees access to the Site.
These Terms shall remain in full force and effect while you use the Site. Without limiting any provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking IP addresses) to any person for any reason or for no reason, including, without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, without prior approval by us. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
We reserve the right to change, modify or remover the content of the Site at any time or for any reason at our sole discretion without notice. However, we have not obligation to update any information on our Site. WE also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, revision, suspension or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
You agree to defend, indemnify, and hold us harmless, including our affiliates and subsidiaries, and all of our respective officers, agents, partners, and employees, from any action for loss, damage, liability, claim or demand, including reasonable attorney’s fees and expenses, made by any third party due to or rising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representation or warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. WE will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of same.
A&W Restaurants, Inc.
1648 McGrathiana Parkway
Lexington, KY 40511
Attention: Legal Affairs
New Server 2014-10-20