PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
AGREEMENT TO TERMS AND CONDITIONS BY USER
These Terms and Conditions are a legal agreement between you and ABEA (as defined below) and govern your use of any website, mobile application, loyalty programs, stored value cards and other digital or online programs or services owned or operated by Another Broken Egg of America, LLC or any of its affiliates (collectively, “ABEA,” “we,” “our,” or “us”) or operated on behalf of ABEA (each a “Service” and collectively, the “Services”).
RIGHT TO CHANGE
ABEA reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.
Each time you use the Services, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Services. By using the Services, you also accept that any prior agreements between you and ABEA regarding your use of the Services are hereby superseded. You agree that you do not have any rights in the Services and that ABEA will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated. You further agree that ABEA will not be liable for any modification or suspension of the Services.
Certain services offered through the Services, including mobile applications, loyalty programs, e-mail programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and Conditions and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms and Conditions, the additional terms will prevail .
LINKS TO THIRD PARTY SITES
The Services may contain downloadable materials as well as links to external websites and mobile applications ("Linked Sites"). The inclusion of any link to such websites does not imply endorsement by ABEA of the websites. The Linked Sites are not under the control of ABEA, and ABEA is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. ABEA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABEA of the Linked Site or any association with its operators. You understand that ABEA cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Services, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
RESTRICTIONS ON USE
ABEA owns, operates, licenses and/or controls the Services and the content contained within each Service, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Content”). You may not copy, distribute, republish, modify, upload, incorporate, post, transmit, resell, decompile, reverse engineer, disassemble, or otherwise convert the Content in any way, without the prior written consent of ABEA. The Content and the Services are provided for lawful commercial, marketing, promotional, and entertainment purposes only. No intellectual property rights are licensed or transferred to you through your use of the Services, but remain with ABEA, who owns full and complete title to all intellectual property in connection with the Services.
As a condition of your use of the Services, you warrant to ABEA that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. When using the Services, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services, or another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services, or any part thereof.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
COMMUNICATION SERVICES AND SUBMISSIONS
From time to time, certain areas of the Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with ABEA, the public at large, or within a group (collectively, "Communication Services"). As used in these Terms and Conditions, the term Services shall include Communication Services. All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to ABEA through the Communication Services or otherwise (each, a "Submission"), will forever be the property of ABEA, except as otherwise expressly stated by ABEA in connection with a specific Submission. By using the Communication Services, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by ABEA; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of ABEA, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Communication Services or features of the Services.
ABEA may from time to time monitor Submissions on the Services; however, ABEA is under no obligation to do so. Any Submission may be available to all users, and we cannot prevent such content from being used in a manner that violates these Terms and Conditions, the law, or your personal privacy. ABEA reserves the right in its sole discretion to remove any materials at any time, for any reason, without notice to you. ABEA reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever. ABEA is under no obligation to post or use any Submission you may provide and may, in ABEA’s sole discretion, remove any Submission at any time, for any reason, without notice to you. ABEA assumes no responsibility or liability arising from the content of any such Submissions.
By displaying, publishing, or otherwise posting any Submission on or through the Services, you hereby grant to ABEA a non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submission in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek permission from you and any third party. This license includes the right to host, index, cache, distribute, and tag any Submission, as well as the right to sublicense the Submission to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your Submission, and you continue to have the right to use your Submission in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on or through the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights or any other intellectual property rights or other rights of any person or entity.
ABEA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in ABEA’s sole discretion. ABEA will fully cooperate with any law enforcement authorities or court order requesting or directing ABEA to disclose the identity
of anyone posting any such information or materials.
USERS AND ACCOUNTS
Most of the Services are not intended for use by anyone under the age of 13. Anyone between ages 13 and 18 may only use the Services under the supervision of a parent or a legal guardian who agrees to be bound by those terms.
You need not register with ABEA to simply visit, view and use many of the Services. However, ABEA may from time to time require you to register for an account in order to access certain password-restricted areas of the Services or to use certain Services and materials offered on and through the Services. ABEA shall have the right to approve or reject any requested account, in ABEA’s discretion. If your account is approved, you will be permitted to log in to the applicable Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.
ABEA and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to ABEA or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when ABEA’s products or marketing strategies might seem similar to ideas submitted to ABEA. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of ABEA , without any compensation to you; (2) ABEA may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for ABEA to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
ABEA, or its designee, controls and operates the Services from its headquarters in Orlando, Florida, United States of America. Unless otherwise specified, the Services are intended to promote only those ABEA products and services that are sold by ABEA and its independent franchisees in the United States; ABEA makes no representation that these materials are appropriate or available for use in other locations If you use the Services from other locations you are responsible for compliance with applicable local laws.
The terms and conditions of this legal statement will be construed, interpreted, and enforced according to the laws of the State of Florida and the United States of America, without regard to conflict of law rules or principles. By using the Services, you hereby agree that any and all disputes regarding these Terms and Conditions will be subject to the courts located in Orlando, Florida. These Terms and Conditions operate to the fullest extent permissible by law.
DISCLAIMER/RESTRICTION OF LIABIILTY
THE SERVICES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ABEA SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE SERVICES. The material available through Services is provided for general information only and SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Any reliance on the material available through Services is at your own risk. ABEA NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED THROUGH THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ABEA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ABEA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABEA AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ABEA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. ABEA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES.
ABEA and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position . ABEA is an equal opportunity employer committed to a diverse workforce. ABEA’s independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
You agree to indemnify, defend and hold harmless ABEA and its affiliates, and their officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Services or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABEA as a result of these Terms and Conditions or use of the Services. ABEA’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of ABEA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by ABEA with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by you, these Terms and Conditions, together with all other policies, guidelines, agreements, terms and conditions referenced herein, constitute the entire agreement between you and ABEA with respect to the Services. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by ABEA unless otherwise stated. All other third-party trademarks used on the Services are the property of their respective owners and used under license by ABEA. Any rights not expressly granted herein are reserved.
All contents of the Services are copyrighted by ABEA. All Rights Reserved.
ABEA respects the intellectual property rights of others, and we ask you to do the same. ABEA may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any of the Services, please provide ABEA’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ABEA to locate the material.
- Information reasonably sufficient to permit ABEA to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ABEA’s designated agent for notice of claims of copyright or trademark infringement can be reached as follows:
Another Broken Egg of America, Inc.
Attn: Copyright Agent
5955 T.G. Lee Blvd., Suite 100
Orlando, FL 32822
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to ABEA designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ABEA may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
ABEA reserves the right, in its sole discretion, to terminate the account or access of any user of our Services who is the subject of repeated DMCA or other infringement notifications.
If you have any questions regarding any of these Terms and Conditions, please contact us by emailing: [email protected] or calling (407) 440-0450.