Fazoli's Terms and Conditions

AGREEMENT TO TERMS AND CONDITIONS

Thank you for visiting http://www.fazolis.com (“Fazoli’s Website”). The following Terms and Conditions (“Terms”) govern your access to and use of all or part of the Fazoli’s Website, mobile application, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs owned or operated by Fazoli’s System Management, LLC (“Fazoli’s”), or any of its affiliates or related entities, where these Terms may appear (collectively “Services”)”. Your use of the Services or visiting the Fazoli’s Website constitutes your agreement to follow and be bound by these Terms . If you do not agree, do not use the Services. If you use the Services or return thereafter, you agree to be bound by these Terms. Fazoli’s reserves the right to change or modify these Terms from time to time in its sole discretion. The modified Terms will be effective immediately upon posting to the Fazoli’s Website and you agree to be bound to the newly posted Terms and Conditions by continuing to use any Services.

USE RESTRICTIONS

Any material from or related to the Services, , may not be copied, distributed, republished, modified, uploaded, incorporated posted, or transmitted in any way, without the prior written consent of Fazoli’s EXCEPT: you may print, display or download one copy of the Fazoli’s Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Fazoli’s Website is provided for lawful purposes only. Modification or use of the materials for any other purpose violates Fazoli’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Fazoli’s. Neither title nor intellectual property rights are transferred to you through your use, but remain with Fazoli’s, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The Services may contain links to other websites (“Linked Sites”) that are not under the control of Fazoli’s and, therefore, Fazoli’s is and shall not be responsible for any content, webcasting or any form of transmission received from any Linked Site, as well as any updates or modifications to any Linked Sites.

As a condition of your use of the Services, you warrant to Fazoli’s that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair any or all the Services or interfere with any other party’s use and enjoyment of the Services.

LIABILITY RESTRICTIONS

Fazoli’s will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Fazoli’s will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Fazoli’s or an authorized Fazoli’s representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Fazoli’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 this site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Fazoli’s by or through the Services (together, the “Submission”) will forever be the property of Fazoli’s. Fazoli’s will not be required to treat any Submission as proprietary or confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fazoli’s operations. Without limitation, Fazoli’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Fazoli’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Fazoli’s or to other entities that are not involved in the operation of this site. Information submitted via a number of areas in this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Fazoli’s, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. No compensation will be paid with the respect to use any Submission. Fazoli’s is under no obligation to post any submission.

JURISDICTION

Except as described otherwise, all materials on the Fazoli’s Website are made available only to provide information about Fazoli’s. Fazoli’s controls and operates this site from its headquarters in Lexington, Kentucky, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use any Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Fazoli’s reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Fazoli’s Website or use of any Services following any such change constitutes your Agreement to follow and be bound by the Terms and Conditions as may be updated or modified.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FAZOLI’S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAZOLI’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAZOLI’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT FAZOLI’S, 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. FAZOLI’S DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAZOLI’S NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE FAZOLI’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Fazoli’s is not responsible if information made available on the Fazoli’s Website Service is not accurate, complete or current. The material is provided for general information only and should not be released upon or used as the sole basis for making significant decision without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Fazoli’s Website is at your own risk.

EMPLOYMENT

Fazoli’s is an equal opportunity employer committed to a diverse workforce. Fazoli’s franchisees each hire their own employees and establish their own Terms and Conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fazoli’s, its affiliated and related entities, its and their members, officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Fazoli’s Website or the systems transmitting the Fazoli’s Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

TERMINATION

Fazoli’s or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Fazoli’s sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Fazoli’s, reserves the right in its sole discretion, to terminate this agreement immediately, including your access to the Services, without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

COPYRIGHT AND TRADEMARK INFORMATION

All of the material on this website is owned by Fazoli’s is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Fazoli’s, an affiliate, or by third parties who have licensed their materials to Fazoli’s. Fazoli’s is a registered trademark of Fazoli’s System Management, LLC. The entire content of this website is copyrighted by Fazoli’s System Management, LLC. as a collective work under the copyright laws of the United States.

MISCELLANEOUS

These Terms will be governed and be interpreted pursuant to the laws of the State of Kentucky, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Fazoli’s can revise these Terms at any time by updating this posting. Fazoli’s products and services are available in many parts of the United States. However, the Fazoli’s site may describe products and services that may not be available nationwide. This site may be linked to other sites, which are not maintained by Fazoli’s. Fazoli’s is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Fazoli’s of the sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fazoli’s and as a result of these Terms or use of the Website.

MOBILE APP AWARDS PROGRAM

The Fazoli’s Mobile App Awards Program (“Program”) is offered by participating Fazoli’s® restaurants in the United States to loyal guests who are 13 years old or older. If you choose to take advantage of the benefits (“Rewards”) offered to members of the Program, then you must agree to the terms and conditions (“Program Rules”).

PROGRAM ELIGIBILITY

You may enroll in the Program if: (a) you are a legal resident of the United States, (b) you are at least 13 years old at the time of enrollment, (c) you have a legal address recognized by the United States Postal Service, (d) you have an active email address and smart-phone phone number, and (e) you are a human being. No corporations, partnerships, limited liability companies, trust or other legal entities may enroll. The Program is not intended for use by anyone under the age of 13.

In the event we determine that you are not eligible to be a Program member of have violated these Rules, we may cancel your Program Account. In Fazoli’s sole discretion, we may cancel some or all of your earned Rewards and credits if we determine that you received the Rewards or credits due to an error, through fraud or deception, or in any manner not consistent with these Rules.

PROGRAM ENROLLMENT

To enroll in the Program you will need to download the Fazoli’s Mobile App (the “App”) from either Google Play, the Apple Store or online at www.fazolis.com/loyalty rewards and follow the steps below. As well, you will have the option of joining the Program through Facebook on the App. Each person that enrolls in the Program must enroll using a separate, unique App log-in information, a unique Facebook account, or a unique e-mail address. Rewards are non-transferable and may not be shared with family members, friends or other Program members. Each eligible person may enroll for the Program only one time, i.e., one Program Account per person.

Joining through the App:

1. Download the App from either Google play or Apple Store by searching “Fazoli’s Rewards” or “Fazoli’s” on your smartphone.

2. Sign in with your name, email address, smartphone number, date of birth and password.

3. Start earning rewards right away!

Joining through Facebook within the App:

1. Download the App from either Google play or Apple Store by searching “Fazoli’s Rewards” or “Fazoli’s” on your smartphone.

2. Click the “Sign up with Facebook”, if you not logged into Facebook through your smartphone currently, it will prompt you to do that at that time.

3. Start earning rewards right away!

Joining through the Website:

1. Go to www.fazolis.com/loyalty fazolisrewards

2. Sign in with your name, email address, smartphone number, zip code, date of birth and password.

You understand and acknowledge that the Program is in no way sponsored, endorsed, administered by, or associated with, Facebook. You are providing your information to Fazoli’s when joining the Program, not to Facebook. By joining and using the Program through Facebook, you hereby release Facebook from any and all liability in connection with your use and participation in the Program.

Any contact information you provide Fazoli’s will be used solely to keep in touch with you in only those ways you select when you enroll in the Program. If your contact information changes, or if you wish to change your contact information or the method by which we contact you, please log onto the App and update your contact information or preferences.

If any information you provide is not truthful, accurate and complete, we may block you from enrolling in the Program, or we may cancel your membership in the Program. Each person may have only one Program account (“Program Account”). In the event Fazoli’s finds that you have created multiple Program Accounts, at our sole discretion, we may cancel all Program accounts you have created and may refuse to allow you to re-enroll in the Program.

Fazoli’s reserves the right to limit the number of individuals allowed to participate in the Program.
Enrollment and participation in the Program are free.

CONTACTING YOU

As a part of participating in the Program, Fazoli’s will send to you informational and promotional messages that, such as messages informing you of improvements we make to the Fazoli’s Program, special offers, new Rewards you have the opportunity to earn, Rewards you have earned that may be close to expiring, new menu items, or events happening at your local Fazoli’s restaurants. You will also have the opportunity to provide Fazoli’s your thoughts and feedback. These communications may come to you in the form of either push notifications through the App and/or email. We may identify new ways of contacting you for which we will inform you prior to any such changes.

By opting into push notifications for the Program, you ensure that you will never miss any special promotions, however, you may opt out of receiving push notifications from the App at any time. There is no requirement to receive push notifications to remain or participate in the Program.

Upon joining the Program, you will begin receiving emails from Fazoli’s. The types of emails are detailed below. Every time you receive points and / or redeem Rewards Fazoli’s will send you an email detailing the transactions. Please note that if you unsubscribe from the account transaction emails, Fazoli’s will de-activate your Program Account and you will forfeit all points, Rewards and other benefits of participating in Fazoli’s’ Program you may have earned. If at any time you no longer wish to receive promotional emails, you may “opt out” and remove yourself from the email list by clicking “Unsubscribe” at the bottom of one of these emails and following the steps provided. Unsubscribing from these promotional emails will not de-activate your Program Account; you are not required to receive these promotional emails to remain a member of the Program.

As soon as your enrollment in the Program is complete you will receive an enrollment Reward. Your enrollment Reward will be sent to you through push notifications on the App and via email. Please note that this enrollment Reward will expire within 30 days from receipt.

PRIVACY

Fazoli’s will use the information you provide us only in the manner described in our Privacy Policy on our Fazoli’s Website. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. In the event we revise or modify our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once it is published on our Fazoli’s Website.

You are responsible for keeping the information you use to access your Program Account (i.e., username and password for your Program Account, Facebook account,) private and secure. If someone besides you learns your Program Account username/password or learns your Facebook account information, and uses your password or Facebook account to access your Program Account, then you will be responsible for any actions that individual takes related to your Program Account.

THE BENEFITS OF BEING A MEMBER IN THE PROGRAM

Points and Rewards

Members will earn and receive points toward Rewards by making qualified purchases at participating Fazoli’s® restaurants. Qualified purchases includes food, drink and catering orders.

Online food/drink orders are eligible to earn Rewards points, however, you are not able to redeem Rewards Offers with an online food/drink purchase.

The purchase of a Fazoli’s gift card(s) is not eligible to earn Rewards points and Rewards points cannot be used to purchase Fazoli’s gift cards.

Any qualified purchase of $.51 and over will earn you 1 Rewards point.

50 Rewards points is equal to $5.00 off of any food and/or drink purchase, including catering purchases, at participating Fazoli’s restaurants.

You may only earn points two times in a 4 hour period.

Banked Rewards will expire 12 months after you have earned them if not used. Any unused Rewards, after the 12 month period, you acknowledge and agree will be forfeited

If you forget to use your App to earn Rewards at the time of purchase, don’t worry, hold onto your receipt and, within 3 days of the purchase, go online and follow the directions to earn your Rewards from that purchase too.

Rewards are non-transferrable, have no cash value, and may not be exchanged or redeemed for cash, gratuity or gift cards. Valid only at participating Fazoli’s locations. Void where prohibited. Acceptance or use of the Fazoli’s Mobile App Rewards Program or this Program constitutes acceptance of the Terms herein and Fazoli’s Mobile App Rewards Program terms and conditions. Rewards may not be combined with any other offer or coupon.

Special Offers

Program members will receive push notifications and/or emails that include exclusive offers and information, such as being the first to hear about select new menu items, special promotions, system-wide events, etc.

From time to time Fazoli’s may send push notifications and/or emails to Program member’s related to specials, offers, features, promotions or advertising that it deems appropriate. You will be provided an option to opt out of any additional text messages. It is the Program member’s responsibility to opt out of receiving any additional text messages when prompted.

Changes to the Fazoli’s Mobile App Rewards Program or Rewards

We may change these Rules from time to time as we deem appropriate, with or without providing you prior notice of the change. If we change the Rules, then the revised Rules will be substituted for these Rules on the date the revised Rules go into effect. Regardless of the change made to these Rules, the revised Rules shall govern.

At the sole discretion of Fazoli’s, we have the right at any time and for any reason, with or without giving you prior notice, to:

· end the Program and/or any specific Reward;

· change any Reward or other Program benefit we offer;

· change the requirements for earning a particular Reward;

· change the time you have in which to earn a particular Reward; and

· change any other feature of the Program.

In the event we decide to end the Program or a specific Reward, we will attempt to provide you 60 days’ prior notice either by e-mailing you at the e-mail address listed in your Program Account or by posting a notice on the Website. However, our failure to notify you that we are ending the Program or that we are ending a specific Reward plan will not give you any right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward. Failure to notify you will not obligate Fazoli’s to compensate you for any Rewards that you do not use before we end the Program or the specific Reward plan. Rewards or credits you accumulate under the Program have no cash value. If we end the Program, Rewards or credits you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

To the extent permitted by law, when you enroll in the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Rules or to end the Program.