NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH WINGSTOP. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
You must be at least 18 years of age or older to download our Application or to place an order with us.
General Use Restrictions
Certain information, documents, products and Services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Wingstop and are the copyrighted and/or trademarked work of Wingstop or Wingstop’s contributors.
Using the Site and the Services on the Site and our Application
If you would like to place an order or join our Email Club, we require you to register with us. We request the following information from you place an order: name, zip code, email address, password, password hint and confirmation that you are 13 years of age or older. We also will request credit or debit card number and billing address if you order from us.
To join our Email Club, you must submit your name, birth date, gender, zip code and email address. You will also have the ability to provide additional optional information, such as your mobile phone number and information regarding how you heard about us, meal occasions for which you visit Wingstop, preferred email content, your first visit to Wingstop and how often you visit Wingstop. This information is not required to register for an account but may be helpful to Wingstop in providing you with more a more customized experience when using the Site or its Services. Once you have you have submitted your account registration information, a Wingstop administrator shall have the right to approve or reject the requested registration, in the Wingstop administrator’s sole discretion. If your account is approved by the Wingstop administrator, you will be able to log-on to the Site using the email address and password (the “Wingstop Password”) you selected during the account registration process.
Currently, Wingstop also provides you with the ability to sign into your account using your existing account and log-in credentials through the following Third Party Websites (as defined below), which may change from time to time: Facebook (a “Third Party Site Password”). If you log into our Site or Application through a Third Party Site, you may be able to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site.
You are responsible for maintaining the confidentiality of your Wingstop Password and any Third Party Site Password, (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Wingstop if any of your Passwords on this Site are lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
You agree to pay all fees or charges, including applicable taxes, for any items that you order through our Site or Application.
Receiving Information From Us
Links to Third Party Sites
We want to hear from you and you are welcome to contribute to our blog and to post reviews. If you choose to post content on our Site, remember that it must be your own. You are responsible for the accuracy and integrity of anything that you submit to us (a “Submission”), and you must ensure that you have the rights to it – don’t violate someone else’s copyright. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to Wingstop set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Wingstop to monitor, police or remove any Submissions or other information submitted by you or any other user.
Please be respectful when you use our Site and Services. For example, you agree not to:
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Use racially, ethnically, or otherwise offensive language.
· Discuss or incite illegal activity.
· Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
· Post anything that exploits children or minors or that depicts cruelty to animals.
· Post any copyrighted or trademarked materials without the express permission from the owner.
· Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
· Use any robot, spider, scraper or other automated means to access the Site.
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
· Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate your ability to post to this Site (or the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Wingstop determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Wingstop may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at Wingstop’s discretion, Wingstop will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Materials or third party content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Wingstop and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Wingstop or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Wingstop is a trademark of Wingstop Restaurants, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Wingstop Restaurants, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited 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 or license.
Intellectual Property Infringement
Wingstop respects the intellectual property rights of others, and we ask you to do the same. Wingstop may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Wingstop’s designated agent the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Wingstop to locate the material.
· Information reasonably sufficient to permit Wingstop to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wingstop’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Erin Levzow, Director of Digital, CRM and Social Marketing
Wingstop Restaurants, Inc.
5501 LBJ Freeway, 5th Floor
Dallas, TX 75240
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties
Your use of this Site and/or the Services is at your own risk. Neither the Materials nor Submissions have been verified or authenticated in whole or in part by Wingstop, and they may include inaccuracies or typographical or other errors. Wingstop does not warrant the accuracy of timeliness of the Materials or Submissions. Wingstop has no liability for any errors or omissions in the Materials and/or Submissions, whether provided by Wingstop or our licensors.
WINGSTOP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WINGSTOP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
WINGSTOP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL WINGSTOP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WINGSTOP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Wingstop controls and operates this Site from its headquarters in the United States of America and the Materials or Submissions may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
We like to hear from you. If you have comments about our Site, Services, or individual restaurants, let us know. Please note that your comments are not confidential or proprietary, and we may use any comments that you submit to us. You hereby assign all right, title, and interest in, and Wingstop is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Wingstop is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights
If you have a complaint or concern, please contact us at: . If we cannot resolve our dispute, we require you to engage in arbitration with us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Wingstop shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Wingstop” means Wingstop and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Wingstop regarding any aspect of your relationship with Wingstop, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Wingstop’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Wingstop an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Wingstop at the following address: Attn: Jason McEachern, 1101 E. Arapaho Road, Suite 150, Richardson, TX 75081. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Wingstop does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Wingstop may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Wingstop at the following address: Attn: Jason McEachern, 1101 E. Arapaho Road, Suite 150, Richardson, TX 75081. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Wingstop through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Wingstop. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Wingstop may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Wingstop may initiate arbitration in either Richardson, TX or the federal judicial district that includes your billing address. If you select the federal judicial district that includes your billing address, Wingstop may transfer the arbitration to Richardson, TX in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Wingstop will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Wingstop as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Wingstop specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Wingstop are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Wingstop might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Wingstop or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Wingstop makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Wingstop to adhere to the language in this Provision if a dispute between us arises.
If you violate these Terms, Wingstop may terminate and/or suspend your access to this Site without notice. Wingstop prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Wingstop, may result in immediate termination of your access to this Site. The FAA, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Dallas County, Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Wingstop’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Wingstop and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Wingstop about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Wingstop for any reason, you can reach us at:
Attn: Erin Levzow, Director of Digital, CRM and Social Marketing
Wingstop Restaurants, Inc.
5501 LBJ Freeway, 5th Floor
Dallas, TX 75240
Phone: (972) 686-6500