of Use (the "Terms”) are entered into by and between you, Cajun Operating
Company dba Church’s Chicken ("Church’s Chicken”) and Tetherball, LLC.
(”Tetherball”) (Church’s Chicken and Tetherball shall be referred to
collectively as "Service Providers”). These Terms govern your use of (1) the
Tetherball website, which is comprised of various web pages operated by
Tetherball (the "Site”), and (2) any SMS program operated or managed on
Tetherball’s short code and software or any other services, products, software
and applications provided by Tetherball, including without limitation any
services accessible using a mobile device (collectively, the "Services”). By
using the Site and the Services, you acknowledge that you have read and
understood all of the Terms, and you agree to be bound by these Terms.
You acknowledge and agree that the provisions, disclosures and
disclaimers set forth in these Terms are fair and reasonable and your
agreement to follow and be bound by them is not the result of fraud,
duress or undue influence exercised upon you by any person or entity. IF
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR THE
Tetherball reserves the right to change the Terms under which the
Site and the Services are offered in its sole discretion at any time
without notice. It is your responsibility to review these Terms for any
changes each time that you use the Site or the Services. All changes to
the Terms are effective from the date posted. Unless otherwise
amended these Terms shall apply to any modified version or upgrade of the
Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Service Provider enable users, also referred to as "Members”, to opt in to mobile services via email, website, and/or their mobile phone for the purpose of becoming a member of Church’s Chicken mobile marketing program. Users are responsible for obtaining access to the Services, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, or other access and communication services fees). Message and Data Rates May Apply. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your mobile telephone. You can gain access to the Service by providing written consent to receive text message ("opting in”), by email, website or by texting CHURCH to the designated short code 244256. You may contact Tetherball at 317-818-8800 or firstname.lastname@example.org for more information.
When you opt-in to receive the Services, you will receive a confirmation text message on your mobile phone and must reply with your zip code to the confirmation text message to register or become a member for the Services. If you do not reply you’re your zip code, you may receive one reminder message that prompts you to reply with your zip code. If you do not reply with your zip code after this one reminder message, you will receive no more messages from the Services. Once you have opted in for the Services, you will receive 4 messages, announcements, offers, or coupons per month from Church’s Chicken. Your access to the Services may be restricted or limited based upon your telecommunications provider and service plan.
You may opt out of the service at any time by sending a text message of STOP to 244256 or by emailing your request to opt-out, along with your mobile phone number to email@example.com. You may send a text message of HELP to 244256 in the case that you need help regarding the Services. You may call Tetherball at 317-818-8800 for more information.
You agree that by opting in for the Services, you are providing express written consent that clearly authorizes the Service Providers to deliver advertisements or telemarketing messages using an automatic telephone dialing system to the mobile phone number you used to opt-in to the Services; and you are not required to agree (directly or indirectly) to enter into such an agreement or provide such consent as a condition of purchasing property, goods, or services.
The CAN-SPAM act, state and federal Do-Not-Call registries, and the Telephone
Consumer Protection Act of 1991 exist to prevent unsolicited telemarketing
calls and the use of automatic dialing machines to call wireless devices,
not to prevent such calls to persons who have requested to be contacted.
Under Federal rules and those of most states, "safe harbors” exist to allow a
consumer to expressly grant permission to be contacted even though they
have registered their phone number with a state or federal Do-Not-Call
registry. By accepting these Terms and submitting a query or request to
Tetherball via voice, email, text, or internet, you expressly agree that we may
send a text message to your wireless device or email via an SMS text
message or email or WAP Push Message or MMS message. You are granting
express written consent to receive our messages even if you are registered on a
Do-Not-Call registry. You expressly agree that, as part of the Services
provided by Tetherball, you may receive promotional communications, alerts, and
third party advertising materials from Tetherball or Church’s Chicken via
The Service Providers may utilize Location Based Services (LBS) which may associate a location with a mobile device. BY AGREEING TO THESE TERMS, YOU CONSENT TO USE OF LBS INFORMATION BY TETHERBALL. You may elect to discontinue the use of LBS information by the Service Providers by calling Tetherball at 317-818-8800. If you choose to cancel access to LBS by the Services, service quality may be affected.
Although the Service Providers hope you will find the information that you obtain via the Site or the Services to be useful, the Service Providers do not guarantee that the information will (a) be accurate or complete, (b) include all of the information available relating to an offer or coupon. is the Service Providers are not legally responsible for any content provided by clients, merchants or service providers. You may report any concerns to Tetherball by use of the Contact link provided herein, as well as the Contact link located on the Tetherball homepage. For your protection and to help Tetherball improve the Site and the Services, your use of the Site and the Services, including any communication by, with or to Tetherball, may be recorded.
By using the Site and the Services, you consent to such recording. The Site and the Services are provided on an "as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of the Service Providers. Any rights not expressly granted under these Terms are reserved by the Service Providers. The Service Providers grant you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms. You may use the Site and the Services only for legal and appropriate uses. The Service Providers reserve the right to make changes to the Site and the Services at any time and without notice. Your access to the Site and the Services is completely at the discretion of the Service Providers, and your access to the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or no reason.
You are responsible for compliance with all laws at all times. Traffic conditions and traffic laws must be observed and respected at all times, and take precedence over any directions, instructions or other information received using the Site or the Services. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times.
You expressly agree that the Service Providers shall have no liability for any adverse effects resulting from your violation of this provision, including but not limited to collisions or traffic law violations. In many jurisdictions, operating, handling, adjusting or viewing a mobile device while in an aircraft or while operating a vehicle is an offense. You agree to follow all applicable laws while using the Services. When you visit the Site, use the Services, or contact the Service Providers by other means, you consent to receive communications from the Service Providers. The Service Providers may contact you electronically or by other means they choose, and they may contact you at any place that they may locate you. You agree that all agreements, notices, disclosures, and other communications that the Service Providers provide to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
The Service Providers are not responsible for any communications which are lost or misdirected. Your mobile phone number and communications may be intercepted by third parties without your or the Service Providers’ knowledge or permission. The Service Providers are not responsible for information sent using text, voice, or other communication services. In connection with your use of the Site or the Services, you may be required to register with Tetherball by providing certain personally identifiable information about yourself, including your name, email address and mobile telephone number. Tetherball reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account or requesting additional information in order to access your account. In no event and under no circumstances will the Service Providers be held liable to you for any liability or damages resulting or arising from any action or inaction of the Service Providers under this provision, any compromise of the confidentiality of your account, and any unauthorized access to your account . Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable law and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law. Unless you have prior written consent from an authorized representative of Tetherball, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.
Tetherball or Church’s Chicken is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services (”Content”). By making any Content or Work Product available through the Site or the Services, neither Tetherball nor Church’s Chicken grants any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content, unless you first obtain the written permission of Tetherball or Church’s Chicken. If you make use of any Content other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws. Other than Content, neither the Tetherball nor Church’s Chicken claim ownership of any other correspondence, materials, and information that you submit using the Services (”Your Materials”). Nevertheless, you automatically grant to the Service Providers an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that Tetherball may sub-license and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. You also grant the Service Providers the right to use your name in connection with Your Materials, for testimonial and similar purposes. The Service Providers are under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in the Service Provider’s sole discretion. You agree that you shall have no recourse against the Service Providers for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to the Service Providers, irrevocably waives any and all "moral rights” in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify the Service Providers for all claims resulting from Your Materials.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that the Service Providers are
not responsible or liable for any loss or damage incurred as the result of any such dealings. The Service Providers do not endorse, and are not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. The Service Providers are not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that the Service Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other websites. The Service Providers shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED "AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICE PROVIDERS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER TETHERBALL, CHURCH’S CHICKEN NOR ANY MERCHANT GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. THE SERVICE PROVIDERS DO NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED IN ANY OFFER OR TEXT MESSAGE. TETHERBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF TETHERBALL’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SERVICES OR OTHERWISE, IS NEVER COMPLETELY SECURE. NEITHER SERVICE PROVIDERS , NOR ANY OF SERVICE PROVIDER’S CLIENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "SERVICE PROVIDERS ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF SERVICE PROVIDERS OR A SERVICE PROVIDER ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH SERVICE PROVIDERS OR ANY SERVICE PROVIDER ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT SERVICE PROVIDER’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00). THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY TETHERBALL FROM ITS OFFICES WITHIN THE UNITED STATES. SERVICE PROVIDERS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND SERVICE PROVIDERS ACCEPT NO RESPONSIBILITY FOR SUCH ACCESS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SERVICE PROVIDERS AND THE SERVICE PROVIDERS ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN SERVICE PROVIDERS AND YOU.
Dispute Resolution: These Terms and the relationship between you and Service Providers shall be governed by the laws of the State of Indiana, without regard to any conflict of law or choice of law provisions of any state to the contrary. You agree that any action arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Indianapolis, Indiana, in accordance with the commercial rules of arbitration of the American Arbitration Association then in effect, except that, to the extent you have in any manner violated or threatened to violate Service Provider’s intellectual property rights or your obligations with respect to Service Providers confidential information, Service Providers may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any such dispute, and waive any future right to object to this designation of jurisdiction and venue. The arbitrator’s award shall be final, binding and conclusive upon the parties to these Terms, except that such decision may be appealed pursuant to the Federal Arbitration Act or similar applicable state statute. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgment, decree or order awarded by the arbitrator and may be entered as a judgment in any court of competent jurisdiction. In rendering a decision, the arbitrator shall follow the laws of the State of Indiana, and shall not use equitable or other principles which would permit the arbitrator to ignore these Terms or the law. Any award by the arbitrator shall be subject to all dollar and other limitations set forth in these Terms. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred.
Miscellaneous: The failure of Service Providers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Tetherball. You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. Service Providers shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and Service Providers regarding your relationship with Service Providers and your use of the Site and the Services.
These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and Service Providers with respect to such subject matter. Where Service Providers has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Service Providers. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, Service Providers have available all remedies at law or equity to enforce these Terms.