Terms of Use

Last updated July 31, 2024

Please read these Terms of Use (“Terms”) carefully before using any Checkers websites, mobile/tablet applications, loyalty programs, stored value cards and other online programs, and mobile messaging/SMS programs, or the materials, software and content available in or through them (altogether, “Checkers Online Services”).

THESE TERMS, THE PRIVACY POLICY, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE CHECKERS ONLINE SERVICES (“YOU” OR “YOUR”), AND CHECKERS WITH RESPECT TO YOUR USE OF THE CHECKERS ONLINE SERVICES. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, THE TERMS. BY ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING ANY OF THE CHECKERS ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE ANY OF THE CHECKERS ONLINE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER.

These Terms constitute an agreement between you and Checkers Drive-In Restaurants, Inc. and its affiliates, related entities and franchisees (collectively, “Checkers” or “we” or “us”).

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and Checkers have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below. By accessing, or using the Checkers Online Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms the Checkers Online Services.

LINKS TO SPECIFIC TOPICS

ADDITIONAL TERMS

Certain services offered by through the Checkers Online Services, such as mobile apps, loyalty programs, sweepstakes and other similar offers, will be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include the following:

MINORS

The Checkers Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE CHECKERS ONLINE SERVICES. By accessing, using and/or submitting information to or through the Checkers Online Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) (or such other age as may be required by law applicable to Checkers) may only use the Checkers Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE CHECKERS ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS

USERS AND ACCOUNTS

To use certain Checkers Online Services, such as the Online Ordering Program, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify Checkers immediately if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Checkers Online Services. We do not guarantee that the Checkers Online Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Checkers Online Services or any component of them and to block or prevent future access to and use of the Checkers Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Checkers Online Services will survive such termination.

PERSONAL USE ONLY

The Checkers Online Services are owned by Checkers and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Checkers Online Services. You may not save or archive a significant portion of the material appearing in or on the Checkers Online Services. All rights not expressly granted herein are reserved by Checkers.

PRIVACY; SECURITY

Our Privacy Policy describes the data that we gather about or from users of the Checkers Online Services and how we process, use and share that data. Be sure to read it to understand these matters.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Checkers Online Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Checkers Online Services. Checkers shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Checkers Online Services, or your downloading of any user materials or other content from the Checkers Online Services. Checkers recommends that you install appropriate anti-virus or other protective software.

RESPONSIBLE USE OF THE CHECKERS ONLINE SERVICES

You may use the Checkers Online Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you represent and warrant that you will not, and you will not allow any third party to:

Use the Checkers Online Services in a manner other than as expressly permitted by these Terms;
Use the Checkers Online Services for any purpose or in any manner that is unlawful or prohibited by these Terms, including, without limitation, for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Checkers Online Services;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Checkers Online Services, or combine the Checkers Online Services or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Checkers Online Services or any part thereof;
Use the Checkers Online Services, including, without limitation, any Checkers Online Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your access or use of the Checkers Online Services;
Work around any of the technical limitations of the Checkers Online Services or use any tool to enable features or functionalities that are otherwise disabled on the Checkers Online Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Checkers Online Services, prevent access to or use of the Checkers Online Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the Checkers Online Services or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Checkers Online Services or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Checkers Online Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the Checkers Online Services, including, for example only, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity;

Checker may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Checkers Online Services, and may terminate these Terms, including, without limitation, if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHECKERS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY CHECKERS ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

PROVISION OR SUSPENSION/WITHDRAWAL OF THE CHECKERS ONLINE SERVICES

You understand and agree that: (a) the Checkers Online Services may change from time to time without notice to you and that any new feature that augments, enhances or modifies the current Checkers Online Services is subject to these Terms; (b) we may decline to provide access to the Checkers Online Services or stop (permanently or temporarily) providing the Checkers Online Services (or any feature, program or content within the Checkers Online Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Checkers Online Services, your account details, or any files or other content which are contained in your account.

ONLINE ORDERING

Checkers may make available to you the ability to order online from participating Checkers locations. These terms related to online ordering only apply to orders placed through the Checkers Online Services. Minimum order amounts may apply. Any applicable taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Checkers Online Services. You are responsible for payment of your order by means of a payment option made available through the Checkers Online Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Checkers location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Checkers Online Services. The Checkers Online Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information. Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation. Please contact the Checkers location responsible for fulfilling your order directly to identify amounts due.

LOCATION-BASED SERVICES

If you enable location-based services on your computer or mobile device in connection with your use of the Checkers Online Services, you expressly consent to Checkers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to locate nearby Checkers locations and to provide specific advertising content or messages based on your location. Please see our Privacy Policy for further information and for details on how to opt-out of location information collection.

SOCIAL MEDIA ACCESS

If you choose the option to access or log-in to the Checkers Online Services through a third party social media service that you belong to, such as Facebook, Twitter, YouTube, and/or Instagram, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service.

We are active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Checkers and the services we offer and/or to submit or upload related photos and other materials. We reserve the right to post on the Checkers Online Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

MOBILE ACCESS & TEXT MESSAGING TERMS

USE OF MOBILE DEVICES

If you use a mobile device to access the Checkers Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Checkers Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement. By accessing or using any Checkers Online Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

TEXT MESSAGING PROGRAM

ENROLLMENT.

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system.

GENERAL TERMS & DISPUTES.

Without limitation our text messaging program is subject to these complete Terms of Use, which contain provisions that govern how claims you and Checkers have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Legal Disputes and Arbitration Agreement Section below.

OPTING OUT.

You can opt out from receiving SMS/MMS text messages by responding STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive in our text messaging program, or just texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. If you do not receive this confirmatory text message, please contact Legal@Checkers.com for help. You may also opt out by emailing us at Legal@Checkers.com. For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.

YOUR OWN WIRELESS PLAN.

As always, message and data rates may apply for any messages sent to and by you. Message frequencies may vary. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.

YOUR DUTIES FOR YOUR OWN PHONE NUMBER.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at 877-282-7660 immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

PARTICIPATION SUBJECT TO TERMINATION OR CHANGE.

We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, for any or no reason and with or without notice to you.

UNITED STATES ONLY

The Checkers Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the Checkers Online Services anywhere else. All prices displayed on the Checkers Online Services are quoted in U.S. Dollars and are valid and effective only in the United States. We make no—and you acknowledge that we make no—representation that the Checkers Online Services or the materials on the Checkers Online Services are appropriate or available for use in all locations. Those who choose to access the Checkers Online Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

INDEMNITY

You agree to indemnify, defend, and hold harmless Checkers and Checkers franchisees, and their respective affiliates, related entities, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your (i) breach of these Terms; (ii) your use of the Checkers Online Services; or (3) your violation, infringement, or misappropriation of the rights of any party, including, without limitation any intellectual property, proprietary, privacy, or other rights of any party. Checkers reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Checkers assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Checkers Online Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter. This indemnification section will survive any termination or expiration of these Terms of Use.

DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE CHECKERS ONLINE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE CHECKERS ONLINE SERVICES. THE CHECKERS SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. THE COVERED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER OF THE CHECKERS ONLINE SERVICES. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

LIMITATIONS ON LIABILITY

EXCEPT AS SETFORTH HEREIN, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY DAMAGES OR PENALTIES, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (I) THESE TERMS OR THE CHECKERS ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE CHECKERS ONLINE SERVICES, AND (II) ANY ACTS OR OMISSIONS OF ANY OF THE COVERED ENTITIES IN CONNECTION WITH THESE TERMS OR THE CHECKERS ONLINE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COVERED ENTITIES’ MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO COVERED ENTITIES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LEGAL DISPUTES BETWEEN USERS

In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES

If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

TIMING OF CLAIMS

You must bring any claim you have against Checkers relating to these Terms or the Checkers Online Services within two years from the date of accrual of the applicable claim.

LEGAL DISPUTES AND ARBITRATION AGREEMENT

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

Most concerns can be resolved by contacting Customer Service at https://www.checkersandrallys.com/contact-us/. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any dispute will be resolved.

MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION

We are available by email at Legal@Checkers.com to address any concerns you may have regarding your use of the Checkers Online Services. You and Checkers agree to engage cooperatively to try and resolve any dispute informally prior to you or Checkers initiating any arbitration proceeding. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. You or Checkers must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages).

Your notice must be sent to Legal@Checkers.com. Our notice will be sent using the most recent contact information that you have provided to us.

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Checkers representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

BINDING ARBITRATION AGREEMENT

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

If the parties do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to the preceding section, then either party may initiate binding arbitration. You and we hereby agree and consent that any claim, controversy, or dispute arising out of or relating to this Agreement (including its formation, performance and breach), any promotions, telephonic outreach, or any promotional or marketing communication, whether based in contract, tort, statute, or other legal theory, the parties’ relationship with each other and/or your use of the Checkers Online Services (“Disputes”) shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its then-effective rules for Consumer Arbitration (https://www.adr.org/Rules). All AAA arbitration proceedings will be held in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules.

If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the appliable statute of limitations. Your Demand shall be sent and delivered to Checkers at 4300 West Cypress St. Suite 600 Tampa, FL 33607. The Demand must describe the nature and basis of the claim and the specific relief sought. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Checkers at 4300 West Cypress St. Suite 600 Tampa, FL 33607.

Any and all actions taken under or communications made pursuant to this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and Checkers and its affiliates and related entities. Interpretation and enforcement of this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of Florida.

The arbitrator as agreed to by the parties, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms to binding arbitration, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief.

If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement.

The AAA Consumer Arbitration (https://www.adr.org/Rules) Rules shall govern the arbitration, provided that, notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, the respondent in any Dispute will have the right to depose the claimant.. If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement.

Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy.

jury trial and CLASS ACTION WAIVER

You and Checkers acknowledge and agree that the parties are each waiving the right to a trial by jury. The parties further agree that any arbitration—and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement—shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall remain in effect and continue to apply to the maximum extent permitted by applicable law.

EXCEPTION – SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties’ decision to resolve all disputes through arbitration, (i) either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

EXCEPTION—CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

30 DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the following email address: Legal@checkers.com. The notice must be sent within thirty (30) days of registering to use the Checkers Online Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Checkers also will not be bound by them.

Mass arbitration

If ten (10) or more Demands for arbitration of a dispute or claim subject to the arbitration agreement set forth herein are initiated: (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative; then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select three (3) Demands, for a total of six (6), to be filed with AAA (collectively the “Mass Filing Demands”). Each of the Mass Filing Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. The remaining Demands shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings until after ninety (90) days from the date all Mass Filing Demands have been arbitrated and all appeals are exhausted. After ninety (90) days from the date all Mass Filing Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms, you and Checkers agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

EXCLUSIVE VENUE FOR LITIGATION

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Tampa, FL (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Tampa, FL for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in Tampa, FL for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Tampa, FL over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Checkers Online Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Checkers Online Services. As to any proceeding in court, you and Checkers both waive your right to a jury trial, unless such waiver is unenforceable.

COPYRIGHT AND TRADEMARK

The Checkers Online Services are owned and operated by Checkers in conjunction with others pursuant to contractual arrangements. Unless otherwise noted, all materials published in or through the Checkers Online Services are protected as the copyrights, trade dress, trademarks and/or other intellectual property of Checkers or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Checkers Online Services. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Checkers or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by Checkers to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Checkers. ALL RIGHTS RESERVED.

Checkers is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email MobileCSR@checkers.com. We may, in our sole discretion, limit, suspend, or terminate and user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Checkers Online Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY

Checkers will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

If you believe your copyright has been infringed, you should submit notice to:

Checkers Drive-In Restaurants, Inc.
4300 West Cypress St. Suite 600
Tampa, FL 33607

Any such notice should include the following:

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 work claimed to have been infringed, or if multiple copyrighted 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, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.

LINKS; LINKING TO THE CHECKERS ONLINE SERVICES

Links provided within the Checkers Online Services will allow you to connect to other websites and services that are not under Checkers control. We do not endorse and are not responsible for the content of such websites and/or services. Checkers 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 the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites. You access such websites and use such services at your own risk.

If you operate a website and wish to include a link to the Checkers Online Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Checkers’ names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Checkers. We reserve the right to revoke consent to link to the Checkers Online Services at any time in our sole discretion, whether by amending these Terms or through other notice.

ERRORS AND INACCURACIES

The Checkers Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Checkers Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s or mobile device’s display of color or other product features is accurate.

SUBMISSIONS

Checkers does not seek or accept unsolicited ideas. By submitting any material to us through any of the Checkers Online Services, you expressly grant to Checkers and its affiliates a perpetual, royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Checkers and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived. Checkers shall not be responsible for the payment of any monies to any other party in connection with Checker’s use of any information or material provided by you to Checkers. You also represent and warrant that any and all such information or material which you provide to Checkers, whether provided by you electronically by accessing or using the Checkers Online Services or otherwise, and Checker’s use of this information and material so provided does not infringe the rights of any other person or entity.

FRANCHISE PROSPECTS

Certain materials on the Checkers Online Services may describe the Checkers franchise system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our 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.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Checkers Online Services is Checkers Drive-In Restaurants, Inc., 4300 West Cypress St. Suite 600 Tampa, FL 33607. To file a complaint regarding the Checkers Online Services or to receive further information regarding use of the Checkers Online Services, send a letter to the above address or contact Checkers via e-mail at Legal@Checkers.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

CHANGES/UPDATES

We will notify you of changes to these Terms by posting the amended terms on the Checkers website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new terms, you should stop using the Checkers Online Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at MobileCSR@checkers.com and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. Checkers’ employees do not have the right to modify these Terms orally or otherwise. If any employee of Checker offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Checkers or speaking on our behalf.

MISCELLANEOUS

APPLICABLE LAW

These Terms constitute a contract made solely over the Internet and, except as set forth in the Legal Disputes and Arbitration Agreement section above, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Checkers relating to use of any aspect of the Checkers Online Services.

ENTIRE AGREEMENT

These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Checkers. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

SEVERABILITY

If any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.

NO THIRD-PARTY BENEFICIARIES

These Terms are between you and Checkers. There are no third-party beneficiaries.

WAIVER

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Survival

Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding, arbitration, dispute resolution, indemnification, disclaimers, and limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to or use of the Checkers Online Services.

CONTACT CHECKERS

If you have questions regarding any of these Terms, you can call us at 1-800-800-8072 or write to us care of Checkers Customer Service, Checkers and Rally’s Restaurants, 4300 West Cypress St. Suite 600 Tampa, FL 33607.