PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR THIS WEBSITE.
Franchise World Headquarters, LLC (“FWH”) operates and hosts the website located at www.subway.com (the “Site”) on servers in the United States of America.
FWH is an affiliate of, and service provider to Doctor’s Associates Inc. (“DAI”), the owner of the SUBWAY® Restaurant System, and the SUBWAY® Group which includes amongst other entities: Subway International B.V. (“SIBV”), Subway Systems Australia Pty. Ltd. (“SSA”), Subway Franchise Systems of Canada, Ltd. (“SFSC”), Subway Partners Colombia C.V. (“SPCCV”), Subway Systems do Brasil Ltda. (“SSB”), Sandwich and Salad Franchises of South Africa Pty. Ltd. (“SSFSA”), Subway Systems India Private Limited (“SSIPL”) and Franchisee Shipping Center, Co. (“FSC”). DAI owns and licenses the SUBWAY® trademark and SUBWAY® System to its affiliates in order to develop SUBWAY® restaurants worldwide. FWH also provides its affiliates with core business related services. FWH, DAI, SIBV, SSA, SFSC, SPCCV, SSB, SSFSA, SSIPL, and FSC are collectively referred to herein as the “SUBWAY® Group”.
FWH shares information, including Personal Information, with the SUBWAY® Group and the following SUBWAY® Group advertising entities: Subway Franchisee Advertising Fund Trust, Ltd. (“SFAFT”), Subway Franchisee Advertising Fund Trust, B.V. (“SFAFT BV”), Subway Franchisee Advertising Fund of Australia Pty. Ltd. (“SFAFA”), Subway Franchisee Advertising Fund of Canada, Inc. (“SFAFC”). These entities administer national and local advertising funds and activity for SUBWAY® restaurants and SUBWAY® franchisees worldwide. SFAFT, SFAFT BV, SFAFA, an SFAFC are collectively referred to herein as the “FAF Group”.
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE SUBWAY® AND THE FAF GROUPS’ LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.
FWH may change these Terms and Conditions at any time in their sole discretion. The modified Terms and Conditions will be effective immediately upon posting and, by continuing to use the Site, you agree to the new posted Terms and Conditions. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms and Conditions, your only remedy is to discontinue use of the Site.
While the SUBWAY® Group and the FAF Group make reasonable efforts to provide accurate and timely information about the SUBWAY® Brand on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available.
This Site's web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-Personal Information usage of IP Addresses described above we may also record your IP address for fraud prevention purposes.
The SUBWAY® Group and the FAF Group adhere to the United States federal privacy protection standards as stated in the Children's Online Privacy Protection Act (“COPPA”) and care about the safety of children. The SUBWAY® Group and the FAF Group will not knowingly allow anyone under 13 to provide them with any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided the SUBWAY® Group or the FAF Group with Personal Information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at firstname.lastname@example.org. We will use reasonable efforts to promptly delete the child's Personal Information from our servers.
4. Copyrights & Trademarks - (Top)
Unless otherwise noted, all Materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by the SUBWAY® Group and the FAF Group. SUBWAY® and the SUBWAY® logo are registered trademarks and service marks owned and registered by DAI. DAI’s marks on the Site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by DAI or its licensees. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of DAI or its licensee’s worldwide proprietary ownership rights, and DAI may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.
5. Materials & Acceptance Use - (Top)
The (“Materials”) on this Site include, but are not limited to; SUBWAY® Restaurant Location Information, Menu & Nutrition Information, Catering Information, SUBWAY® Fresh Buzz Information, Company Contact Information, Company History, News, FAQ’s, Career Information and SUBWAY® Franchise Information. Franchise Information on the Site does not constitute an offering for the sale of a franchise. Such offering is only commenced by the delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
You agree not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or to cause damage on or through use of the Site. You agree that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations. You agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
The Materials published on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the SUBWAY® Group or the FAF Group. All of the Materials available on the Site are proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit the Materials of the Site in any way.
You agree that the unauthorized use of the Materials could cause irreparable harm to the SUBWAY® Group or the FAF Group and that in the event of an unauthorized use, the SUBWAY® Group or the FAF Group shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
All prices for products displayed on the Sub Gear section of the Site are quoted in United States Dollars. FSC reserves the right, without prior notice, to discontinue or change specifications on products and prices offered on the Sub Gear section of the Site without incurring any obligations. For an explanation of the practices and policies related to purchases made on the Sub Gear section of the Site, please read the Sub Gear Returns & Delivery policy located at: http://shop.subway.com/substore/popup.aspx?title=SubGear+Returns+-+Delivery+Policies&topic=subwayonlinestorepolicy , the terms of which are incorporated herein by reference.
Your submissions, feedback and comments (“Submissions”) are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
The SUBWAY® Group and the FAF Group appreciate your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to the SUBWAY® Group, the FAF Group and their designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the SUBWAY® Group, the FAF Group or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any and all “moral rights” pertaining to any copyrighted materials have been waived.
By making a Submission, you acknowledge and agree that the SUBWAY® Group, the FAF Group and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by the SUBWAY® Group, the FAF Group or their designees is similar to your Submission.
Any Materials from the Site may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of the SUBWAY® Group and the FAF Group. Any proprietary information remains the sole property of the SUBWAY® Group and the FAF Group. The Materials on the Site are provided for lawful purposes only and any other use or modification of the Materials found on the Site violates the intellectual property rights of the SUBWAY® Group, and the FAF Group. The SUBWAY® Group and the FAF Group retain full and complete title and intellectual property rights to all Materials. You may not reproduce, sell, repost, modify, or convert any Materials on the Site in any manner inconsistent with these Terms and Conditions.
You agree the following kinds of conduct are illegal and/or prohibited on the Site. Prohibited activities include, but are not limited to, the following: (a) using the Site for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Site any information, data, text, files, links, software or other materials that the SUBWAY® Group or the FAF Group consider to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by the SUBWAY® Group or the FAF Group in their sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Site, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Site; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. The SUBWAY® Group and the FAF Group reserve the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.
You agree that the SUBWAY® Group and the FAF Group reserve the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Site does not conform to these Terms and Conditions and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms and Conditions; (c) terminate a user's access to the Site; (d) monitor, edit, or disclose any Submission on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms and Conditions.
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. NEITHER THE SUBWAY® GROUP OR THE FAF GROUP MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE SUBWAY® GROUP OR THE FAF GROUP GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF THE SUBWAY® GROUP OR FAF GROUP ARE AWARE OF THEM.
By applying to become a SUBWAY® franchisee, a prospective franchisee consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist a prospective franchisee in applying to become a SUBWAY® restaurant franchisee and to assist our affiliates within the SUBWAY® Group in selecting franchisee candidates.
Personal Information collected from prospective franchisees include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, citizenship, educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number. Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective SUBWAY® restaurant franchisee becomes a franchisee, they may then reference themselves by their Franchise Agreement Number. In order to better service franchisees, a franchisee’s Personal Information may be shared between DAI and its affiliates within the SUBWAY® Group, pursuant to the service contracts between them.
In order to effectively implement the SUBWAY® Gift Card Program, and to provide purchasing services to members, a franchisee’s Personal Information may be shared with an independent purchasing cooperative or other independent third party. The Personal Information shared with the independent purchasing cooperative shall include, but will not be limited to: name, address, credit card information, and other related information necessary for billing purposes, such as a mailing address for credit card validation, and bank account information, you provided to DAI to establish your pre-authorized account for the payment of royalties, advertising fees, and other charges. Subject to a franchisee’s agreement with the independent purchasing cooperative, the independent purchasing cooperative may bill a franchisee’s bank account for fees and other costs associated with the SUBWAY® Gift Card Program. If a franchisee does not wish to disclose this information, they must notify the Privacy Officer in writing as described in the section titled “Contact Information” below.
A franchisee and/or prospective franchisee’s information may be shared with the SUBWAY® DAI Development Agent in their area. A Development Agent is an independent contractor of DAI. The Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, training to the franchisee. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. The Development Agent may use this information to: address a franchisee’s concerns in a customer complaint, respond to a franchisee’s inquiries for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response. Franchisee Personal Information may also be shared with Subway Franchisee Advertising Fund Trust (“SFAFT”) in order to provide advertising services to member stores.
Finally, upon becoming a SUBWAY® franchisee you consent to DAI disclosing former or past franchisee contact information including Personal Information in its Disclosure Document for one (1) year after leaving the system, as required by law, unless you advise otherwise. Contact our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed, corrected or changed when you sell or transfer your SUBWAY® store, or exit the SUBWAY® system (whether by termination or otherwise). To contact the Privacy Officer, please see the section provided below entitled “Contact Information”.
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUBWAY® GROUP, THE FAF GROUP AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF THE SUBWAY® GROUP AND THE FAF GROUP EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE SUBWAY® GROUP OR THE FAF GROUP LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SUBWAY® GROUP OR THE FAF GROUP LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the SUBWAY® Group and the FAF Group from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys' fees arising out of, or in connection with your violation of these Terms and Conditions as well any claims arising from any unauthorized uses you may make of the Materials on the Site.
Access to and use of the Site and these Terms and Conditions are governed by the laws of the State of Connecticut, United States of America, without giving effect to any conflicts of law or choice of laws principles or U.S. Federal Law. Any controversy or claim arising out of or relating to this Site or the breach of the Terms and Conditions shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association at a hearing to be held in Bridgeport, Connecticut in the United States of America or such other location in the State of Connecticut designated by the American Arbitration Association, and judgment upon an award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to this Site is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator's final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. This dispute resolution clause shall not limit the SUBWAY® Group or the FAF Group’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms and Conditions.
You may not transfer or assign in any way any of your rights or obligations under these Terms and Conditions. Any such transfer or assignment shall be null and void..
If any provision of these Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and Conditions and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
The SUBWAY® Group or the FAF Group’s failure to insist upon or enforce strict compliance with any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The headings for each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.
These Terms and Conditions, and Privacy Notice: http://www.subway.com/subwayroot/privacyNotice.aspx, constitute the entire understanding between the SUBWAY® Group, the FAF Group and you with respect to your use of the Site, including, but not limited to, Product orders placed through the Site.
You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task. We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: (203) 877-4281 or 1-800-888-4848; by Facsimile at: (203) 783-7479; by email at: email@example.com; or by mail at Franchise World Headquarters, LLC, 325 Bic Drive, Milford, CT, 06461, USA. We will address your concern and attempt to resolve any problem. Download Privacy Information Request Form here: http://www.subway.com/subwayroot/InfoRequestForm.pdf.
LAST UPDATED: 02/09/12
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