Last Updated: 6/1/2021
PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE DOWNLOADING, ACCESSING OR USING ANY BOJANGLES ONLINE SERVICES (AS DEFINED BELOW).
The Terms of Use apply to your access to, and use of, any Bojangles’ Restaurants, Inc. (“Bojangles” “we” or “us”) website (the “Website”), mobile application (the “App”), online services or programs, or other services, tools or programs where these Terms of Use are posted, linked or incorporated by reference (collectively and individually, the “Bojangles Online Services”). These Terms of Use are a legal and binding agreement between you and Bojangles and, as applicable, its subsidiaries or affiliates (collectively, “Affiliates”). Your use of any of the Bojangles Online Services signifies that you agree to these Terms of Use provided by Bojangles’ Restaurants, Inc. and its Affiliates(collectively, “Bojangles,” “we” or “us”). If you do not agree with these Terms of Use, or are dissatisfied with the contents of the Bojangles Online Services, you agree that your sole and exclusive remedy is to stop using this Bojangles Online Services.
Bojangles operates Bojangles Online Services; however, many of our restaurant locations are owned and operated by independent franchisees (“Franchisees”). These terms are inapplicable to any orders placed in-person at any Franchisee restaurant location, to your experience at any such Franchisee restaurant location or with any separate websites, or services offered by a Franchisee. Each Franchisee is solely and independently responsible for its legal and regulatory compliance and any issues related the sale of products in its restaurant locations and services provided to its customers.
We reserve the right, in our sole discretion, to change these Terms of Use at any time. If changes are made, we will post them here. We encourage you to review these Terms of Use periodically for changes. Your continued use of the Bojangles Online Services will signify your acceptance of the then-current version of these Terms of Use. These Terms do not alter the terms of any other agreement that you may have with us.
Age Restriction
The Bojangles Online Services are not intended for use by anyone under the age of 13; however, some of the Bojangles Online Services may require that you are 18 years of age or older (or the age of majority in your jurisdiction if higher than 18). If you do not meet the foregoing requirements, parental or guardian consent and agreement to these Terms of Use is required. By using the Bojangles Online Services, you represent and warrant that you are 13 years of age or older (or the age required to utilize the applicable Bojangles Online Services) or have obtained appropriate parental or guardian consent to utilize the Bojangles Online Services.
Bojangles’ Ownership of Intellectual Property
The Bojangles Online Services and all content and materials on the Bojangles Online Services– including without limitation, its look and feel, all photographs, text, artwork, images, page headers, button icons, digital downloads, data compilations, software, trademarks and logos, product names and descriptions, audio and visual effects, and audio and video clips – are owned by or licensed to Bojangles. You may view and use content and materials on the Bojangles Online Services only for your own personal, noncommercial use. All other rights are reserved to Bojangles and its licensors. You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on the Bojangles Online Services for any commercial purpose or produce derivative works from them.
Content and Materials Posted by You and Others
By participating in any contest, promotion, or other program sponsored by Bojangles, you authorize Bojangles and the administrators of its contests, promotions, and programs to post content and materials that you provide – including without limitation photographs, text, artwork, trademarks and logos, audio and visual effects, and audio and video clips – on the Bojangles Online Services and Bojangles’ social media pages; you grant Bojangles a perpetual, royalty-free license to use such content and materials, and you acknowledge, agree, and warrant that:
• The posting of such content and materials does not violate the intellectual property or privacy or publicity rights of any other entity or individual;
• You are in compliance with all applicable rules of the contest, promotion, or program and of any third-party platform that you use for your participation in it;
• You have all permissions, licenses, consents, and authorizations necessary for the posting of such content and materials;
• Bojangles may use such content and materials for any commercial or other purpose, without compensation, notice, or attribution to you or any other person;
• Such content and materials, to the extent factual, are not false or defamatory;
• Bojangles will not be liable for any posting, use, or disclosure of such content and materials; and
• Bojangles has the right to remove such content and materials from its web pages at any time, for any reason, in its sole discretion.
Privacy Policy
By submitting personal information to Bojangles on or through the Bojangles Online Services, you acknowledge and agree that Bojangles will use it according to Bojangles’ Privacy Policy. As a condition of using the Bojangles Online Services, you agree to review our Privacy Policy, available by clicking here. You should review the Privacy Policy carefully before using the Bojangles Online Services because it governs our treatment of information about you. The Privacy Policy is hereby incorporated and made part of these Terms of Use.
Mobile App
In order to use the Bojangles Online Services made available through the App you must have a compatible mobile device. Bojangles 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, you acknowledge and agree to the following: (i) Apple, Inc. or Google, Inc. (each, a “Third-Party Beneficiary”), as applicable, shall be a third-party beneficiary to these Terms of Use and have the right to enforce these Terms of Use against you; (ii) the Third-Party Beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the App; (iii) your access to the App is subject to the usage terms set forth in the terms of service of the applicable Third-Party Beneficiary; (iv) the Third-Party Beneficiaries are not responsible for addressing any claims by you or any other third party related to the App to include, without limitation claims related to: (a) product liability; (b) violation of law or regulation; or (c) infringement.
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. We reserve the right, in our sole discretion, to change reduce or remove features or functionality available in prior versions as part of the updates and/or new versions and you acknowledge our right to do the same.
Online Accounts
In order to take advantage of certain services made available through the Bojangles Online Services, you may be required to have a valid user account. To the extent you register or create a user account for any of the Bojangles Online Services, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Bojangles shall not be liable for any loss or damage arising form your failure to comply with these obligations.
Other Sites
The Bojangles Online Services may have links to third-party websites, applications or content or services (“Third Party Content”) and such Third Party Content may have its own terms of use, privacy policies, and practices that differ from ours, including our merchandise store, which is managed by a third party. Please review the terms of use and privacy policies of those websites or applications before you choose to use them. It is your responsibility to determine when you are accessing Third Party Content. We are do not control, endorse or adopt any Third Party Content, nor are we responsible for the terms of use, privacy policies, and practices of other sites. You acknowledge and agree that Bojangles is not responsible or liable in any manner for Third Party Content.
Please be aware that when you use other social media platforms accessed from the Bojangles Online Services, including without limitation Facebook®, Twitter®, YouTube®, Instagram®, and Pinterest®, you must comply with their terms of use and privacy policies.
Delivery Services
Delivery may be available at participating Bojangles restaurant locations through select third-party delivery service providers (each, a “Delivery Platform”) identified on the Website or in the App. By placing an order through any of the Delivery Platforms, you acknowledge and agree that (i) you are placing the order with such Delivery Platform and not with Bojangles or, if such restaurant location is operated by a Franchisee, with such Franchisee; (ii) the Delivery Platform is the provider of the delivery services; (iii) Bojangles and the Franchisee (if applicable) shall have no responsibility or liability for the acts or omissions of the Delivery Platform or its personnel; and (iv) orders placed through a Delivery Platform are subject to the Delivery Provider’s terms and conditions, if any.
Copyright Notice
In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on the Bojangles Online Services. If you believe in good faith that any content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
1) A full and complete identification of the copyrighted work you claim was infringed.
2) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material, such as a link to the infringing material.
3) Your name, address, email and telephone number.
4) Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement in connection with the Bojangles Online Services should be emailed or mailed, at your choice, to our Registered Agent as follows:
Bojangles’ Restaurants, Inc.
9432 Southern Pine Blvd.
Charlotte, NC 28273
Attn: Legal Department
Phone: 704-527-2675
Email: copyright@bojangles.com
We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. If we receive a valid counter-notice, we may reinstate the disabled or removed material in accordance with the DMCA. Further DMCA details and resources are available at https://www.digitalgov.gov/resources/digital-millennium-copyright-act/.
Feedback
With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to Bojangles about or in connection with using the Bojangles Online Services or purchasing our products, you agree that: Bojangles has no obligation to consider or act upon any Feedback, the Feedback is not confidential, and Bojangles has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.
Restrictions on Use, Disclaimers, and Liability Limits
If you use any feature of the Bojangles Online Services, you agree that:
• You will provide current and accurate information as requested for such use;
• You will not impersonate any other person;
• You will not stalk, bully, abuse, harass, threaten, or intimidate any other user of the Bojangles Online Services;
• You will not to use the Bojangles Online Services for any illegal purpose; and
• You will review and comply with notices sent by us concerning the Bojangles Online Services and its operation.
You also agree that (i) any violation, or threatened violation, by you of these Terms of Use will cause irreparable and unquantifiable harm to Bojangles; (ii) monetary damages would be inadequate for such harm; (iii) you consent to Bojangles obtaining any injunctive or equitable relief that we deem necessary or appropriate, in addition to any other remedies we may have at law or in equity; (iv) if we take legal action against you for a violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all costs and expenses related to such action, including reasonable attorneys’ fees as well as any relief granted related thereto; and (v) Bojangles will not be liable to you or any third party for terminating your access to the Bojangles Online Services as a result of any violation of these Terms of Use.
Bojangles has the right to change, discontinue, or limit access to any content, product, service, feature or functionality of the Bojangles Online Services at any time, in its sole discretion, without any liability to you.
Bojangles makes all reasonable efforts to provide accurate information on the Bojangles Online Services, but we assume no responsibility for the accuracy of the Bojangles Online Services content, including without limitation any typographical errors or omissions. To the fullest extent permitted by applicable law, YOUR USE OF THE BOJANGLES ONLINE SERVICES AND ANY OF ITS FEATURES IS AT YOUR EXCLUSIVE RISK. All material on the Bojangles Online Services is provided “as is” and does not constitute a warranty of any kind, either express or implied. Bojangles disclaims all warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from any course of dealing or trade practice.
Bojangles DOES NOT WARRANT THAT USE OF THE BOJANGLES ONLINE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. Bojangles is not liable for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of the Bojangles Online Services, your inability to use the Bojangles Online Services, data loss, or any purchases through the Bojangles Online Services.
Indemnification
You agree to indemnify, defend and hold harmless Bojangles and its Affiliates, and each of their officers, directors, employees, independent contractors, Franchisees 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 (i) your breach of these Terms of Use; and/or (ii) your activities in connection with the Bojangles Online Services.
Jurisdiction and Choice of Law
These Terms of Use and all claims or issues regarding the Bojangles Online Services are governed by the laws of the United States and the State of North Carolina. Any legal action concerning these Terms of Use or the Bojangles Online Services must be brought within one (1) year after the claim or cause of action arises and must be brought solely and exclusively in the State of North Carolina, in the state or federal courts located in Mecklenburg County.
Entire Agreement; Severability
These Terms of Use, together with the Privacy Policy and any other applicable terms of the Bojangles Online Services constitute the entire agreement between you and Bojangles related to the subject matter hereof and supersede all previous written or oral agreements. If any provision of these Terms of Use is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible, and all other provisions of the Terms of Use will remain in full force and effect.
How to Contact Us
If you have any questions regarding these Terms of Use, you may contact us by mail at Bojangles’ Restaurants, Inc., 9432 Southern Pine Blvd., Charlotte, NC 28273, Attn: Legal Department.
