Terms of Use

wingzone.com and http://orderonline.wingzone.com Terms of Use

Wing Zone Franchise Corp. (“Wing Zone,” “we,” “us,” and “our”) owns and operates WingZone.com. We also own and operate the online ordering Web site located at http://orderonline.wingzone.com/ (our “Online Ordering Site”). For your convenience, we provide a link to the Online Ordering Site on the WingZone.com home page.

The following Terms of Use govern your use of the WingZone.com and your use of the Online Ordering Site (our “Sites”).

To be clear, these Terms of Use do not govern our franchisees’ use of the password-protected Franchise Support System located at http://www.gointranet.com/wingzone. Their use of the Franchise Support System is governed by a separate agreement between Wing Zone and its franchisees.

Your Acceptance of These Terms of Use
Your use of WingZone.com or our Online Ordering Site constitutes your agreement to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use either Site.

Questions Concerning These Terms of Use
If you have any questions regarding these Terms of Use, please contact us by email or by writing us at Wing Zone Franchise Corp., 900 Circle 75 Parkway, Suite 930, Atlanta, GA 30339, Attention: Webmaster.

Effective Date
These Terms of Use are effective as of June 14, 2006.

These Terms of Use May Change
We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on our Sites. These changes will be effective as of the date we post the revised version on our Sites. Your use of either Site following any such change constitutes your agreement to be bound by the revised Terms of Use.

To alert you to changes in these Terms of Use, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices on the home page of each Site for 30 days after the new effective date to alert you to the change.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of our Sites.

Special Terms Governing Your Use of Our Online Ordering Site

  • Submitting Your Order — Your order is not complete until you click on the “Place Order Now” button on the Online Ordering Site. By clicking on the “Place Order Now” button, you are agreeing to purchase the items on your “Order Details”. You are also agreeing to direct any and all payment, delivery or other disputes to the Wing Zone location you have selected (your “Local Store”). Once your Local Store has received the transmission of your order, you will receive an onscreen confirmation and also a confimation email. If we are unable to transmit your order successfully, you will receive an onscreen message stating your Local Store was unable to be contacted. If your Local Store has any questions or problems with your order, your Local Store will contact you via the telephone number you registered with. If your Local Store is unable to contact you on the telephone number you registered with, your Local Store will cancel your order.
  • Canceling Your Order — Once you submit your order by clicking on the “Place Order Now” button, we will begin processing your order. Because orders are usually transmitted immediately to the appropriate location, we have no way for you to cancel an order online. If you want to cancel your order, you must contact your Local Store directly by telephone. Each Local Store has its own cancellation policies. Click here to find a telephone number for your Local Store. Wing Zone is not responsible for canceling orders after they have been submitted. All issues relating to order cancellations are solely between you and your Local Store.
  • No Online Ordering Fees — We do not add any costs or fees to your order when you order online.
  • Pricing — Pricing for items ordered through our Online Ordering Site is established by the participating locations. We are not responsible for discrepancies between the price quoted on our Site and the price charged by your Local Store at the time of delivery. If there is a discrepancy, you must resolve that matter with your Local Store.
  • Password Protection — For your protection, your online ordering information is password protected. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Sites using a password assigned to you, even if the individual is not, in fact authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization.
  • Right to Deny Access — We reserve the right to deny access to our Online Ordering Site to any individual who places fraudulent orders or otherwise misuses the Site.

Ownership, Copyright, and Trademark Matters
Our Sites, including the software and code that comprise and operate our Sites and all of the content of our Sites, for example, all of the text, images, illustrations, graphics, audio clips, and video clips published on our Sites, are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in our Sites, including all of the rights in the content of our Sites, are owned by Wing Zone, its affiliates, its franchisees, its or their licensors, and other third parties. The entire content of each Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Wing Zone owns the copyright in the selection, coordination, arrangement and enhancement of the content of each Site.

Individual users of our Sites are permitted to download copies of the information on our Sites for their own personal use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the content of our Sites or use it for any commercial purpose, or for any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of our Sites or the content; or (c) remove any copyright, trademark registration, or other proprietary notices from the content. No material from our Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Wing Zone. The use of any materials from our Sites on any other Web site or networked computer environment is prohibited.

The trademarks and service marks used or displayed on our Sites (“Trademarks”) are registered and unregistered trademarks of Wing Zone Franchise Corp. or third parties. For example, Wing Zone® is a registered trademark of Wing Zone Franchise Corp. Nothing on our Sites may be construed as granting — by implication, estoppel, or otherwise — any license or right to use any Trademarks displayed on the site without the prior express written permission of Wing Zone Franchise Corp. or the trademark owner. In particular, you may not use any trademark displayed on our Sites as a “hot” link without the prior written approval of the trademark owner.

Wing Zone Online Privacy Policy
The Wing Zone Online Privacy Policy (our “Online Privacy Policy”) describes how Wing Zone protects your privacy when you use these Sites. To review highlights of our Online Privacy Policy click here. To review the full Online Privacy Policy, click here. Our Online Privacy Policy is part of and is incorporated in these Terms of Use.

Your Comments and Other Submissions
We welcome your comments regarding our Sites. Please note, however, any comments, feedback, suggestions, reviews or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Wing Zone. Your submission of Comments will constitute an assignment to Wing Zone of all worldwide rights, title and interests in your Comments, including all copyrights and other intellectual property rights in your Comments.

Wing Zone will be entitled to reduce to practice, use, copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We will not use your Comments in a way that identifies you personally, without your permission.

Franchise Information
Neither our sites nor the franchise sales information on our Sites constitute an offer to sell a franchise. The offer of a franchise can only be made through the delivery of a franchise offering circular. Certain states require that we register the franchise offering circular in those states. The communications on our Sites are not directed by us to the residents of any of those states. Moreover, we will not offer or sell franchises in those states until we have registered the franchise (or obtained an applicable exemption from registration) and delivered the franchise offering circular to the prospective franchisee in compliance with applicable law.

DISCLAIMERS

OUR SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WING ZONE, ITS AFFILIATES, AND ITS FRANCHISEES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THESE SITES, THEIR CONTENTS, AND THE MENU ITEMS, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WING ZONE, ITS AFFILIATES AND ITS FRANCHISEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THESE SITES; (C) THAT THE INFORMATION ON THESE SITES, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL WING ZONE, ITS AFFILIATES, OR ITS FRANCHISEES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESE SITES, ANY CONTENT PUBLISHED ON THESE SITES, OR ANY MENU ITEMS, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THESE SITES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WING ZONE, AN AFFILIATE OR A FRANCHISEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY WING ZONE, ITS AFFILIATES AND ITS FRANCHISEES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Links to Sites Operated by Third Parties
Our Sites may provide links to Web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in our Sites does not imply our endorsement of the site. If you decide to access linked third-party Web sites, you do so at your own risk.

Interpretation
As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Wing Zone of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue
Wing Zone’s headquarters are located in Georgia. These Terms of Use shall be governed under the laws of the State of Georgia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Atlanta, Georgia. You hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes.

Entire Agreement
These Terms of Use contains the entire understanding and agreement between you and Wing Zone with respect to our Sites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Wing Zone with respect to our Sites.

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