Last Updated: January 7, 2022
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any Online Services (as defined below).
These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, the Bay Center Foods, LLC ("Bay Center") website and online service or program where these Terms and Conditions of Use are posted, linked, or incorporated by reference ("Online Services"). Bay Center Foods, LLC is a wholly owned subsidiary of Chick-fil-A, Inc.
These Terms and Conditions of Use are a legal and binding agreement between you and Bay Center, and, as applicable, its subsidiaries, affiliates, and related entities, such as Chick-fil-A, Inc. and CFA Properties, Inc. ("Affiliates") (Bay Center and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms and Conditions of Use govern your use of the Online Services, which includes the programs, offers, content, information, services, and features made available through the Online Services. By downloading, accessing, or using the Online Services, you acknowledge that you have read and agree to be legally bound by the Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, then you should not use the Online Services. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the Online Services.
Modifications to These Terms and Conditions of Use. We reserve the right at any time to update these Terms and Conditions of Use. Any changes will become effective upon posting to the Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" notice above. Your continued access to or use of any of the Online Services after any such updates indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of Online Services. The Online Services and all content, information, and other materials displayed, contained, and/or available on the Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, content arrangement, and computer programs (collectively, "Materials") are owned by or licensed to Bay Center (or its Affiliate entity) and protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access and use the Online Services for noncommercial purposes only and you may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, distribute, transmit, display, perform, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or the Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the Online Services, the Materials, and/or the programs, features, and services.
Bay Center may, in our sole discretion, at any time, for any reason, and without prior notice or liability: (1) modify, block, suspend, or terminate operation of or access to any Online Service, or any portion thereof; (2) change, revise, or modify the Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict access to the Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above.
User Conduct. You agree to use the Online Services and the Materials in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to, without limitation:
· modify, adapt, translate, or reverse engineer any portion of the Online Services or the Materials;
· use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
· attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
· use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
· frame or mirror any portion or feature of the Online Services;
· use the Online Services or any feature for the purposes of sending, uploading, posting, displaying, or transmitting commercial electronic messages, including advertisements, chain letters, spamming, junk mail, solicitations, or any other promotional materials;
· use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
· use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;
· transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
· circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Bay Center or its Affiliates;
· forge headers or otherwise manipulate identifiers;
· post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
· submit, display, or post any false or misleading information; and/or
· violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Bay Center, its Affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the Online Services, Materials, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
You agree that Bay Center shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use, any decision it makes shall be final and binding, and we will not be liable to you or to any third party for termination of your access to the Online Services, Materials, or any portion thereof.
Submissions. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information communicated or submitted to us through Online Services or otherwise ("Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, 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 therein, in whole or in part, and 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 to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us. By providing Submissions to us, you waive (or if applicable, represent and warrant that you have obtained a waiver), of any moral rights associated with the Submissions.
You agree any statements you make about us or any of our products, services, or programs in any Submission accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
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.
Employment Opportunities. Bay Center Foods, LLC is an equal opportunity employer that values diversity and inclusion. Please visit the Bay Center website for additional information regarding career opportunities at Bay Center.
Third-Party Sites and Social Media Pages. The Online Services may contain links to third-party websites, including social media platforms ("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. We have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. Links do not imply that we sponsor, endorse, or are associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Privacy. Our Privacy Policy applies to use of the Online Services and programs, offers, and promotions, and its terms are made part of these Terms and Conditions of Use by this reference. By Accessing and using the Online Services you agree to be bound by our Privacy Policy [insert hyperlink].
Ownership of Intellectual Property. The Online Services, the Materials, and the trademarks, logos, service marks, trade dress, and all other source identifying indicia displayed on the Online Services (collectively, the "Our Intellectual Property") are owned by or licensed to CFA Properties, Inc., Bay Center, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Our Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. The absence of a trademark notice or legend indicating the registration or ownership of Our Intellectual Property anywhere in the text of the Online Services does not constitute a waiver of the owner’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the Online Services.
Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Our Intellectual Property without our prior express written permission. You are strictly prohibited from using any of Our Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties, Inc. and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Copyright Infringement Notification. 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 Materials available on the Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Online Services, then please provide us with the following information: (1) 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; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Online Service and a description of where the Material that you claim is infringing is located within such Online Service; (4) 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 (5) a statement by you, made under penalty of perjury, that the above information 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.
Notices and counter-notices should be sent to:
Chick-fil-A, Inc.
ATTN: Legal - DMCA Manager
dmca@chick-fil-a.com
5200 Buffington Road
Atlanta, Georgia 30349
404-765-8000
DMCA details are available at https://www.copyright.gov/onlinesp/.
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.
Electronic Communications. When you visit the Online Services or send e-mails or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. You understand and agree that we, and anyone contacting you on our behalf, may send communications to you in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
No Warranties. Except where prohibited by law, Bay Center makes no representations or warranties regarding the Online Services and the Materials.
WE DO NOT WARRANT THAT THE ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, 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 ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE ONLINE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, 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, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.
Limitations of Liability. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, RELATED ENTITIES, FRANCHISED OPERATORS, OR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, 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 ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE 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 IMPLIED WARRANTIES OR CONDITIONS, OR THE LIMITATION OF LIABILITY IN CONTRACTS, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Indemnification. You agree to indemnify, defend, and hold harmless Bay Center, its Affiliates, its Providers, and its and their respective officers, directors, 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 Online Services, and the Materials, programs, offers, features, and services made available through the Online Services.
International Users and Choice of Law. The 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 Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export the Materials 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 Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A, without regard to conflicts of laws provisions or principles.
No Agency Relationship. Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the Online Services, create any partnership, joint venture, employment, or agency relationship between Bay Center, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
Violation of these Terms and Conditions of Use and Remedies.
You agree that Bay Center may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that (i) any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Bay Center; and (ii) monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Bay Center takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal and attorneys’ fees and costs of such action, in addition to any other relief granted to Bay Center (or its Affiliates). You agree that Bay Center and its Affiliates will not be liable to you or to any third party for termination of your access to the Online Services as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations, and Severability. These Terms and Conditions of Use, together with any other applicable terms included within the Online Services and/or the Materials, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use of the Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Subject to applicable law, any cause of action you may have arising out of or relating in any way to the Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, an arbitrator or a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
Contact Information. If you have any questions about the Online Services or these Terms and Conditions of Use, please contact us at:
Bay Center Foods, LLC
5200 Buffington Road
Atlanta, Georgia 30349
1-866-CFA-2040 or 1-866-232-2040
http://www.chick-fil-a.com/Connect/Contact-Us-CARES
Copyright © 2022 CFA Properties, Inc. All rights reserved.
