Terms & Conditions

General

Welcome to the website (the "Website") of Jimmy John's Franchise, LLC ("Jimmy John's"). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features (e.g. requests for information) ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Terms & Conditions") all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL TERMS & CONDITIONS TO FOLLOW AND BE BOUND BY THIS TERMS & CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY JIMMY JOHN'S, IN ACCORDANCE WITH THIS TERMS & CONDITIONS. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

Modifications of This Terms & Conditions

Jimmy John's reserves the right to change, modify, amend and/or update this Terms & Conditions at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing this Terms & Conditions each time you use or access any portion of this Website.

Links

Jimmy John's is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and Jimmy John's explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. Jimmy John's does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Jimmy John's does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.

Solely Intended for United States Users

Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Jimmy John's controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.

Use

The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Jimmy John's or by third parties who have licensed their materials to Jimmy John's and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of Jimmy John's or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials.

In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by this Terms & Conditions; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Jimmy John's server or the networks connected to any Jimmy John's server; (c) interfere with any third party's use and enjoyment of this Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Jimmy John's server through hacking, password mining or any other means.

The Website sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian. Jimmy John's and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.

User Ids/Passwords

Use of certain features on the Website might be limited and/or require registration. Jimmy John's will review and determine, in Jimmy John's sole discretion, whether to accept the your registration. Jimmy John's shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website(s) at any time for any reason. Upon acceptance of your registration by Jimmy John's, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information.

Jimmy John's reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Jimmy John's immediately about any unauthorized use of your Password or any breach of security. You further agree that Jimmy John's shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Jimmy John's.

Charges and Payment

In certain instances, Jimmy John's may charge a user, subscription or other fee. In those instances where a fee may be charged, Jimmy John's will notify you of the fee prior to your incursion of charges.

Disclaimer

THIS WEBSITE IS PROVIDED BY JIMMY JOHN'S ON AN "AS IS" AND "AS AVAILABLE" BASIS. JIMMY JOHN'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. JIMMY JOHN'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. JIMMY JOHN'S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. JIMMY JOHN'S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JIMMY JOHN'S OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JIMMY JOHN'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT JIMMY JOHN'S, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL JIMMY JOHN'S BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS.

User Submissions, Postings and Email Communications

All submissions, postings and email communications to or through the Website shall be subject to the Jimmy John's Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Terms & Conditions by this reference.

Online Copyright Infringement Notification Policy

If you believe that this Website(s) contains materials that constitute copyright infringement, please notify Jimmy John's in accordance with our Online Copyright Infringement Notification Policy.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JIMMY JOHN'S AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS & CONDITIONS.

Term and Termination

Jimmy John's shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Jimmy John's believes that your conduct fails to conform with this Terms & Conditions. Jimmy John's also reserves the right to investigate suspected violations of this Terms & Conditions, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Website. Upon termination of this Terms & Conditions, all rights granted to you under this Terms & Conditions will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to Jimmy John's in full within thirty (30) days from the date of such termination.

Applicable Laws

This Terms & Conditions shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous

The failure of Jimmy John's to act with respect to a breach of this Terms & Conditions by you or others does not constitute a waiver and shall not limit Jimmy John's rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Terms & Conditions. Jimmy John's may assign its rights and duties hereunder to any party at any time without any notice to you. This Terms & Conditions may not be assigned by you without Jimmy John's prior written consent. If any provision of this Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. This Terms & Conditions may not be modified except in writing, signed by both parties.

Forward-Looking Statements

This Terms & Conditions and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Jimmy John's has no control. Jimmy John's has no obligation to update any forward-looking statement in this Terms & Conditions or any incorporated document.

JIMMY JOHN'S POLICY REGARDING SUBMISSIONS,
POSTINGS AND OTHER COMMUNICATIONS

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated by you to Jimmy John's through the Website (collectively, the "Submission") will forever be the property of Jimmy John's and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Jimmy John's will not be required to treat any Submissions as confidential (unless required by law or if Jimmy John's has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Jimmy John's operations. Without limitation, Jimmy John's will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Jimmy John's retains the right to review, edit or delete from the Website any Submission which Jimmy John's in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

Email and Other Communications

In connection with your use of the Website, you consent to Jimmy John's recording any communication, electronic or otherwise, between you and Jimmy John's and retaining any information and data you submit while using the Website.

In using the Website, you may be permitted to communicate electronically with Jimmy John's by sending electronic mail to Jimmy John's; however, you acknowledge and agree that only general information or inquiries may be submitted to Jimmy John's via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Jimmy John's via e-mail as Jimmy John's cannot be responsible for responding to any such communications.

Investigations

Jimmy John's may seek to gather information from the user who is suspected of violating this Terms & Conditions, and from any other user. Jimmy John's may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Jimmy John's believes, in its sole discretion, that a violation of this Terms & Conditions has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Jimmy John's will fully cooperate with any law enforcement authorities or court order requesting or directing Jimmy John's to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Terms & Conditions. YOU WAIVE AND HOLD HARMLESS JIMMY JOHN'S FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JIMMY JOHN'S DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JIMMY JOHN'S OR LAW ENFORCEMENT AUTHORITIES.

If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, John G. Kraynak, in writing using the following contact information:

Name of Designated Agent to Receive Notification of Claimed Infringement: John G. Kraynak

Full Address of Designated Agent to Which Notification should be Sent: 2212 Fox Drive Champaign, IL 61820

Telephone Number of Designated Agent: 217.356.9900

Facsimile Number of Designated Agent: 217.359.2956

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:

  1. Your address, telephone number and e-mail address;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing the copyrighted work;
  4. A clear description of where the infringing material is located on the Website, including its URL, so that Jimmy John's can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. 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; and
  7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.