Terms and Conditions
Deli Management, Inc. Terms and Conditions of Use
Last Updated: July 23, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY JASON’S DELI ONLINE SERVICES (AS DEFINED BELOW).
BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OR RELATED TO THESE TERMS AND CONDITIONS OF USE THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
At Jason’s Deli, we value our relationship with you. We have created this website to serve you better, to offer you a way to improve accuracy of your delivered order, and to allow you a convenient way to create your order exactly the way you want it. References to “Jason’s Deli,” “we”, “our”, or “us” in this document mean Deli Management, Inc. d/b/a Jason’s Deli and its affiliates, subsidiaries, and divisions, including independent franchise operators (“Franchisees”).
These Terms and Conditions of Use are applicable to your access and utilization of any Jason's Deli website, mobile application, online service, or program where these terms are published, linked, or referenced ("Jason's Deli Online Services"). They govern your usage of the Jason's Deli Online Services, encompassing the offers, content, information, services, and features provided through them. If you do not consent to these Terms and Conditions of Use, you should not use the Jason's Deli Online Services.
When you use the Jason’s Deli Online Services, you agree to be bound by the then-current Terms and Conditions of Use.
If you find the Jason's Deli Online Services unsatisfactory in any manner, your only and exclusive recourse is to cease accessing and utilizing the Jason's Deli Online Services. Please note that your use of the Jason's Deli Online Services is undertaken at your own risk.
Updates to the Terms and Conditions of Use
Each time you use the Jason’s Deli Online Services, you should visit and review the Terms and Conditions of Use. We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. At such time, we will also revise the “last updated” date above. Any changes will become effective upon posting to the Jason’s Deli Online Services.
Your continued use of or access to the Jason’s Deli Online Services and its programs and offers after such changes have been made indicates your acceptance of the modified Terms and Conditions of Use. Every time you access the Jason’s Deli Online Services, it is your responsibility to review the Terms and Conditions of Use for updates.
Use of Jason’s Deli Online Services
By using Jason’s Deli Online Services and thereby accepting these Terms and Conditions of Use, you agree to abide by all additional terms, conditions, and restrictions included within the Jason’s Deli App, the Jason’s Deli Information (as defined below), and/or the programs, features, and services.
The Jason’s Deli Online Services and all content, information, and other materials featured, displayed, contained and available, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “aesthetic” of the site, pages, screens, content arrangement, and computer programs (referred to collectively as “Jason’s Deli Information”) are owned by or licensed to Jason’s Deli. Jason’s Deli Information is protected by copyright, trademark, patent, and/or other intellectual property rights, in addition to being protected by federal and state unfair competition laws.
You may view, display, copy, download, or print Jason’s Deli Information solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on Jason’s Deli Information must be retained on all copies made. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivate works from, sell, or exploit, in whole or in part, the Jason’s Deli Online Services or Jason’s Deli Information.
We do not grant any express or limited right to you under any patents, trademarks, copyrights, or trade secret information except as expressly provided herein. Except as otherwise noted, all content of the Jason’s Deli Online Services is:
Copyright © 2023 Deli Management, Inc.
All rights reserved.
Jason’s Deli has a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material from the Jason’s Deli Online Services, please contact us at [email protected].
The display of a menu item on the Jason’s Deli Online Services does not reflect that the menu item is available. All menu items are subject to availability and only available while supplies last. Jason’s Deli makes a reasonable and good-faith effort to display and describe menu items available through the Jason’s Deli Online Services accurately and completely. However, the detail and accuracy of the images and specification of menu items depend on a variety of factors. Therefore, we do not guarantee that the products, images, services, or descriptions of products as displayed or described to you are, or will remain, accurate or complete in every detail.
Additionally, we reserve the right to update products, images, available features, services, or specifications from time to time.
Jason’s Deli may at any time, for any reason, and without notice or liability:
Alter, suspend, or terminate operation of or access to any of the Jason’s Deli Online Services, or any portion thereof;
Modify, change, or revise the Jason’s Deli Online Services, the Jason’s Deli Information, or any portion thereof;
Disturb, as needed, the operation of the Jason’s Deli Online Services, or any portion thereof, to perform maintenance, error correction, or for any other purposes.
Limit certain programs, features, and services, or restrict your access to the Jason’s Deli Online Services, in whole or in part; and/or
Terminate the authorization, rights, and license given above, upon which you will be required to immediately destroy all Jason’s Deli Information you have in your physical and electronic possession.
You agree to use the Jason’s Deli Online Services, the Jason’s Deli Information, the programs, features, and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful towards employees, contractors and agents of Jason’s Deli and other users of the Jason’s Deli Online Services.
By using Jason’s Deli Online Services, you agree that you will not:
- access or use the Jason’s Deli Online Services in any manner that could damage, disable, impair, or cause undue burden on the Jason’s Deli Online Services and/or its hosts, servers, network, systems, or other users.
- attempt to interfere in any way with the operation of the Jason’s Deli Online Services
- transmit any virus or worm to the Jason’s Deli Online Services.
- use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Jason’s Deli Online Services and/or its servers or systems to extract download, monitor, gather, transmit or copy any of the data or material on the Jason’s Deli Online Services (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose.
- engage in flooding, spamming, mail-bombing, crashing, or otherwise sending unsolicited emails to other users of the Jason’s Deli Online Services.
- Attempt to access data that is not intended for your use.
- Attempt to log on to a server or account that you are not authorized to access.
- Probe, scan or test the vulnerability of any system or network related in any way to the Jason’s Deli Online Services without authorization.
We reserve the right to restrict, suspend, or terminate, without notice, your access to the Jason’s Deli Online Services or any feature of the Jason’s Deli Online Services or any part thereof at any time.
Jason’s Deli further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through the Jason’s Deli App, if Jason’s Deli believes that you have violated or acted inconsistently with these Terms and Conditions of Use, or violated applicable law, or that you acted in a manner harmful to our interests, or that you may be likely to do so based upon prior communications, conducts, interactions, or similar factors.
Jason’s Deli shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms of Conditions of Use. Any determinations made by Jason's Deli regarding the termination or disabling of Jason's Deli Online Services or the refusal to fulfill any orders, including those placed through the Jason's Deli App, shall be deemed as final and binding.
Submissions by You on the Jason’s Deli Online Services and Used in Social Media.
We appreciate hearing from you on the Jason’s Deli Online Services and via third parties such as Instagram, Facebook, Twitter, Pinterest, etc. where Jason’s Deli has established a social media page dedicated to one or more of its brands.
You agree that any statement that you make about us or any of our products, services, or programs in any Submission accurately reflects your personal beliefs and experiences with us and our products and services, and that any opinions are true to the best of your knowledge.
By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness, and other information, content, or materials embodied in your Submission. These may be used in whole or in part, to create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user of Jason’s Deli Online Services to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the Jason’s Deli Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content, text, photos, images, quotes, logos, or other material that is the property of another, protected by copyright, trademark, or other intellectual property rights, unless you have express, written permission to do so.
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Jason’s Deli Online Services any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;
- Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;
- Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;
- Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;
- Content or links to content that, in Jason’s Deli sole judgment is objectionable, restricts or inhibits others from using the Jason’s Deli Online Services, or which may expose Jason’s Deli or its users to any harm or liability of any type;
- Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.
a. Jason’s Deli “Deli Dollars” Rewards Program
After enrolling in the Deli Dollars rewards program, you will earn points for orders completed at participating locations and may redeem previously awarded points when placing orders. Earned points will be deposited into accounts 4 hours after the completion of the purchase. Points can be earned twice per 4-hour period and a Deli Dollars account is eligible to receive points from 4 purchases per day. Offers and points cannot be applied to purchases made prior to enrolling in the program. Unused, “banked” rewards obtained via purchase will expire one (1) year after they were deposited into your Deli Dollars account.
Jason’s Deli reserves the right to ban from earning or redeeming any customer with repeated suspicious activity such as attempting to scan used or unused barcodes for orders that were not placed by that customer. Jason’s Deli reserves the right to change the terms of this program or cancel the program at any time without notice. Jason’s Deli is not responsible for, or liable to, any Deli Dollars rewards member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Deli Dollars to a member’s account. Dell Dollars have no cash value and may not be transferred. By enrolling in Deli Dollars, you agree to allow email communications. For more information on the program, see the “Deli Dollars FAQ” on the Jason’s Deli Online Services.
User Conduct. By joining the Deli Dollars rewards program, you agree to remain courteous and respectful toward employees, contractors, and agents of Jason’s Deli. You agree not to harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of Jason’s Deli, or partners engaged in the provision of services, including the delivery of any orders, or any other Members or third parties
b. Other Programs
Occasionally, we may run other programs, offers, sweepstakes, contests, raffles, surveys, or other similar promotions (collectively “Promotions”) through the Jason’s Deli Online Services, including Jason’s Deli Mobile Applications. These Promotions may also be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional terms as specified either in these Terms and Conditions of Use, or the Terms and Conditions specific to the applicable Promotion.
If you find a Promotion or its Terms and Conditions of Use unsatisfactory in any manner, your only and exclusive recourse is to cease accessing and utilizing the Promotion. Please note that your participation in a Jason’s Deli Promotion is undertaken at your own risk.
You may receive digital offers through the Jason’s Deli Online Services from time to time. The following general terms apply to these offers, alongside any other terms which appear in the particular Promotion:
- Redemption period for each offer begins and ends as indicated in the Promotion.
- Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.
- Offers may only be redeemed at participating Jason’s Deli restaurant(s) and, therefore, offers may not be accepted at some Jason’s Deli restaurants.
- Serving times apply and some food and/or beverage items may not be available at all times or locations. For example, offers for breakfast items may only be redeemed when and if the participating Jason’s Deli is serving those breakfast items.
- Offers are not transferable.
- Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
- Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.
Data usage or other like fees owed to your mobile carrier may apply when using Jason’s Deli Online Services or participating in Jason’s Deli Promotions.
The use of Jason’s Deli Online Services, or participation in Jason’s Deli Promotions, may require sending or receiving calls, e-mails, or text messages, message and data rates might apply if you are using a mobile device to participate. Similarly, to the extent a Jason’s Deli Mobile Application requires, or permits utilization of, wireless or cellular data access, you shall be independently responsible for securing the necessary data access service. The provider of such access to your mobile device may charge you data access fees in connection with the use of the Jason’s Deli Mobile Application and you are solely responsible for all such charges.
Jason’s Deli Mobile Application
In order to use the Jason’s Deli Online Services made available through the Jason’s Deli App (“the App”) you must have a compatible mobile device. Jason’s Deli 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, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App will automatically download and install updates from time to time or require downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
Jason’s Deli may provide you the ability to order online from participating Jason’s Deli restaurants. These Terms and Conditions of Use apply only to orders placed through the Jason’s Deli Online Services (including catering orders). Ordering may not be available through the Jason’s Deli Online Services for all restaurant locations, and some restaurants do not sell all menu items. Images of menu items on the Jason’s Deli Online Services may not be identical to what is available or what you may receive from an individual Jason’s Deli restaurant. Please refer to information in the App for more details.
You are responsible for payment of your order by means of a payment option made available through the Jason’s Deli Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. Jason’s Deli will charge, and you authorize Jason’s Deli to charge, the payment method you specify either at the time you check-in at the Jason’s Deli restaurant (which in some circumstances, may occur automatically when you arrive at the restaurant) or at the time you place your order (for online catering orders). Jason’s Deli reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. The restaurant identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. Deli Management, Inc. does not prepare the items you are purchasing from a Franchisee and the Franchisee remains responsible for all items that you purchase.
You understand that: (1) the prices for menu items displayed through the Jason’s Deli Online Services may differ from the prices offered or published by Jason’s Deli restaurants for the same menu items at a physical Jason’s Deli restaurant location, and (2) Jason’s Deli reserves the right to change the prices displayed through the Jason’s Deli Online Services and applicable fees or surcharges at any time.
Prices for menu items do not include applicable taxes, delivery and service fees, small order fees, or related fees and surcharges. Charges paid for completed orders are final and non-refundable. Jason’s Deli has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through Jason’s Deli Online Services. Any applicable taxes, delivery and service fees, small order fees, or other related fees and surcharges due in connection with your order will be identified when you place you order. There may be limits on the dollar values and number of orders that may be placed through the Jason’s Deli Online Services. Discounts, coupons, and other offers may not be able to be combined with orders placed through Jason’s Deli Online Services.
a. Jason’s Deli Delivery
Jason’s Deli Delivery is available for qualifying orders placed at participating Jason’s Deli restaurant locations. Menu items available for delivery may vary by restaurant. Orders must be placed within delivery times and for delivery within the specified radius of the participating Jason’s Deli restaurant. Not all Jason’s Deli restaurant locations offer Jason’s Deli Delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary. Delivery orders may require a minimum order of a certain amount (before applicable taxes and fees (including delivery and service fees)) or apply a small order fee, which may vary by restaurant location. The delivery fee does not include a voluntary tip or gratuity provided to the delivery team member. Jason’s Deli Delivery orders must be places using applicable Jason’s Deli Online Services.
You will be able to see pricing and applicable delivery/service fees before placing your delivery order. Menu prices for delivery might be higher than at restaurant locations, and additional delivery, small order fee, and other service fees may apply. Jason’s Deli may change applicable fees from time to time as necessary and appropriate for the services.
Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. Jason’s Deli is not responsible for inaccurate delivery time estimates or late deliveries. Data usage or other like fees owed to your mobile carrier may apply when using the Jason’s Deli Mobile Application to complete your order.
b. No Fee Delivery Offers
From time to time, Jason’s Deli may provide limited time promotional offers where a customer can have a qualifying order delivered via Jason’s Deli Delivery without paying the applicable fee. An order minimum or small order fee (before applicable taxes and fees) may be required, and qualifying orders must be placed from a participating restaurant location within the delivery radius of the restaurant and during available delivery hours. Promotional offers will be applied to eligible orders at the time of a completed purchase. Waiver of delivery fee does not preclude voluntary tips and gratuities and applicable small order fees, surcharges, sales, use or other transactional taxes will apply. Additional terms and restrictions may apply and will be included with or linked from the offer.
c. Third-Party Delivery Services
Delivery may also be available through select third-party delivery services identified on the Jason’s Deli website or in the App for qualifying orders placed at participating Jason’s Deli restaurant locations. When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not Jason’s Deli. The delivery services are provided by the third party, and Jason’s Deli has no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
Ownership of Intellectual Property
“Jason’s Deli” and other trademarks, service marks, and trade dress appearing on the Jason’s Deli Online Services are the trademarks or service marks of Deli Management, Inc. or its third-party licensors in the United States. The absence of a trademark notice or legend indicating the registration or ownership by Deli Management, Inc. or such third-party licensor anywhere in the text of the Jason’s Deli Online Services does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the Jason’s Deli Online Services.
The Jason’s Deli Online Services, Jason’s Deli Information, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Jason’s Deli Online Services (collectively, the “Jason’s Deli Intellectual Property”) are owned by or licensed to Deli Management, Inc. or others with all rights reserved unless otherwise noted.
We do not permit third parties to use Jason’s Deli Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contest or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the Jason’s Deli Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Jason’s Deli Intellectual Property without our prior express written permission. You are strictly prohibited from using any Jason’s Deli Intellectual Property except as expressly provided in these Terms and Conditions of Use, or as advertised in any Jason’s Deli Promotion.
You are also advised that Deli Management, Inc. and/or its licensee(s) will aggressively enforce their intellectual property right to the fullest extent of the law, including seeking criminal prosecution.
Please make all requests to use Jason’s Deli Intellectual Property by email to [email protected]. We will evaluate your request and respond as soon as possible. However, you should assume that you are prohibited from using Jason’s Deli Intellectual Property until you receive explicit written permission from Deli Management.
Jason’s Deli makes no representations or warranties regarding the Jason’s Deli Online Services and Jason’s Deli Information. Jason’s Deli Online Services may contain technical inaccuracies, typographical errors, and out-of-date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we make no warranty that the Jason’s Deli Online Services will meet your requirements. We reserve the right to make changes to the Jason’s Deli Online Services at any time.
WE DO NOT WARRANT THAT THE JASON’S DELI ONLINE SERVICES OR THE JASON’S DELI INFORMATION WILL BE FREE FROM ERROR, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE JASON’S DELI ONLINE SERVICES OR THE JASON’S DELI INFORMATION, PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH THE JASON’S DELI ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM. THIS INCLUDES, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
THE JASON’S DELI ONLINE SERVICES AND THE JASON’S DELI INFORMATION, PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH THE JASON’S DELI ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSOR, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE JASON’S DELI ONLINE SERVICES AND THE JASON’S DELI INFORMATION, PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH THE JASON’S DELI ONLINE SERVICES.
Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. YOU SHALL NOT SEEK AND HEREBY WAIVE RECOVERY OF ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES. YOU AGREE JASON’S DELI IS NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO JASON’S DELI.
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE JASON’S DELI ONLINE SERVICES AND THE JASON’S DELI INFORMATION, PROGRAMS, OFFERS, FEATURES, PROMOTIONS, AND SERVICES MADE AVAILABLE THROUGH THE JASON’S DELI ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend and hold harmless Jason’s Deli, its officers, employees, 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: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the Jason’s Deli Online Services, and the Jason’s Deli Information, programs, offers, features, Promotions, and services made available through the Jason’s Deli Online Services. Because some states prohibit or limit certain indemnification obligations, this indemnity clause shall only apply to the fullest extent permitted by such state law.
Intellectual Property Limitation of Liability
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Jason’s Deli Information available on the Jason’s Deli Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Jason’s Deli Information or block access to it. If you believe in good faith that someone has wrongly submitted notice to use under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposes by the DMCA. See https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Jason’s Deli Online Services, then please provide use with the following information:
Name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf;
A description of the copyrighted work that you claim has been infringed;
The applicable Jason’s Deli Online Service and a description of where the Jason’s Deli Information that you claim is infringing is located within such Jason’s Deli Online Service;
A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
These requirements must be followed to give us legally sufficient notice of infringement.
The designated agent of Jason’s Deli for notification of claims of copyright infringement on the Jason’s Deli Online Services can be reached as follows:
Attn: Brandy Butler, Designated Agent for Intellectual Property
Address: 2130 W Interstate 20, Grand Prairie TX 75052
Current Email: [email protected]
Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Jason’s Deli.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
Third-Party Sites and Social Media Pages
The Jason’s Deli Online Services may contain links to other third-party websites, including the websites of Franchisees, and social media platforms, such as Facebook, Twitter, Instagram, etc. (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. Deli Management, Inc. and its Affiliates have no responsibility or liability for any Linked Sites, or the content policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including without limitation, from Franchisees’ Linked Sites), your relationship is with that third party and does not include Deli Management, Inc. You agree that we are not responsible for the quality of third-party products or services or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with, or associated with, or are legal authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Applicable Laws and Forum Selection Clause
These Terms and Conditions of Use shall be governed by the laws of the State of Texas, U.S.A., without regard to conflict of law provisions or principles. The Jason’s Deli Online Services shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Jason’s Deli Online Services, you consent to the jurisdiction of the courts presiding in the state of Texas and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms and Conditions of Use shall be brought exclusively in the federal or local courts presiding in Jefferson County, Texas. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
You acknowledge that these Terms and Conditions of Use govern your use of any software provided by Jason’s Deli and/or made available through the Jason’s Deli Online Services, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that:
- Your use of the software provided shall be only for personal and/or noncommercial purposes;
- You shall not attempt to alter or modify the software;
- You shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the software;
- You shall not attempt to circumvent or disable the software or its intended purpose; and
- You shall not copy, sublicense, assign, transfer, distribute, transmit, or otherwise use the software without the prior written consent of Jason’s Deli.
Updates to Mobile Devices
Please note that updates to your existing mobile device operating systems or firmware may render your version of the Jason’s Deli Mobile Application incompatible. Jason’s Deli does not warrant that the Mobile Application will be backward or forward compatible with any updates to, or prior versions of, the mobile devices. Jason’s Deli may, but is not obligated to, provide you with updates to the Jason’s Deli Mobile Application that improve compatibility with updated mobile devices.
International Users and Compliance with Laws
The Jason’s Deli Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that the Jason’s Deli Information made available on Jason’s Deli Online Services are appropriate or available for use at other locations outside of the United States. Access to the Jason’s Deli Online Services from territories where their contents are illegal is prohibited.
You may not use the Jason’s Deli Online Services or export the Jason’s Deli Information in violation of U.S. export laws and regulations. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you access the Jason’s Deli Online Services from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the State of Texas, U.S.A., without regard to conflict of laws provisions or principles.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH JASON’S DELI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 22 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
a. INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION.
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to Brandy Butler, 2130 W. Interstate 20, Grand Prairie, Texas 75052, [email protected] (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including:
the email address and telephone number associated with your Jason’s Deli account, if applicable;
a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking.
You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Deli Management, Inc. Attn: Justin Fishback, 1609 Shoal Creek Blvd., Suite 301, Austin, Texas 78701, [email protected] and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure:
the AAA will send the parties a list of five candidates;
if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference;
the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and
if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator.
All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.
If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Jefferson County, Texas.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms and Conditions of Use.
b. Class Action Waiver
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
Notwithstanding any other provision contained in these Terms & Conditions of Use, in the event that the performance of any obligation of Jason’s Deli is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, pandemics or any other cause beyond the reasonable control of Jason’s Deli, then Jason’s Deli shall not be responsible to you for any failure or delay in the performance of its obligations.
In the event that any portion of these Terms & Conditions of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by Jason’s Deli to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.
These Terms and Conditions of Use constitute the entire understanding between Jason’s Deli and you with respect to the Jason’s Deli Online Services. We reserve the right to make changes to these Terms and Conditions of Use and other policies on the Jason’s Deli Online Services at any time.
BY USING THE JASON’S DELI ONLINE SERVICES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE JASON’S DELI ONLINE SERVICES, YOU WARRANT THAT YOU WILL NOT USE THE JASON’S DELI ONLINE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL.