THE TERMS STATED BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF SCHLOTZSKY'S FRANCHISE LLC, AND ITS AFFILIATES (COLLECTIVELY, "SCHLOTZSKY'S"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS STATED BELOW. SCHLOTZSKY'S RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE WILL NOTIFY YOU OF THESE REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR CONSENT TO THESE CHANGES.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by SCHLOTZSKY'S.
SCHLOTZSKY'S grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the SCHLOTZSKY'S copyright notice (stated below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) the display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. On termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
Except as stated in these Terms, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of SCHLOTZSKY'S.
Third Party Content
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of SCHLOTZSKY'S or its licensors, respectively.
Links to Third Party Sites
TRADEMARKS and COPYRIGHTS
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of SCHLOTZSKY'S or others used on this Site are the property of SCHLOTZSKY'S or their respective owners. You may not remove or alter any Trademark. You may not use any Trademarks displayed on the Site without the express prior written permission of SCHLOTZSKY'S or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use these Trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of SCHLOTZSKY'S, Copyright © 2007, unless otherwise stated. All rights not expressly granted in these Terms are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless SCHLOTZSKY'S, FOCUS Brands, Inc. and their respective affiliates, representatives, officers, directors, members, partners, agents and employees from and against all liabilities, claims, costs and expenses, including attorneys' fees that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by SCHLOTZSKY'S, and agree that SCHLOTZSKY'S does not warrant the accuracy or timeliness of the Materials and further agree that SCHLOTZSKY'S has no liability for any errors or omissions in the Materials, whether provided by SCHLOTZSKY'S or its licensors.
SCHLOTZSKY'S, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Limitation of Liabilty
NEITHER SCHLOTZSKY'S NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SCHLOTZSKY'S WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES.
SCHLOTZSKY'S controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Travis County, Texas. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then this provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SCHLOTZSKY'S to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to by SCHLOTZSKY'S in writing. These Terms comprise the entire agreement between you and SCHLOTZSKY'S and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.