Burger King

Last Updated: August 26, 2023Effective immediately for new users, effective October 10, 2023 for existing users.These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, digital in restaurant kiosk, or other online service or platform of Restaurant Brands International, Inc., or any of its companies, including without limitation the FIREHOUSE SUBS®, BURGER KING®, TIM HORTONS® and the POPEYES® restaurant brands (collectively, “RBI”), that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services or the restaurant you ultimately visit, as well as our interactions with you on third party platforms.1. BINDING AGREEMENTPLEASE READ THE TERMS CAREFULLY. It is a legal document that explains your rights and obligations. Section 13 includes an agreement that you and RBI will resolve any disputes between us in binding, individual arbitration, and not in court. This means you and RBI are giving up the right to go to court, to have a dispute decided by a jury, to participate in class action lawsuits against each other. Arbitration often is a faster way to resolve disputes fairly than litigating in court.TO ENTER INTO THE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. The person accepting the Terms represents that he or she is an adult. If you are not an adult, you must have your parent or guardian accept the Terms.Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. A person must be 13 years or older to use the Services. As the adult who accepts the Terms, you agree to be responsible for the use of the Services by your minor children, including any purchases made by them using the Services, whether or not you authorized or had advance knowledge of those purchases.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 14), DISCLAIMERS OF LIABILITY, AND AN EXCLUSIVE REMEDY (SECTION 15). PLEASE READ THEM CAREFULLY.2. PRIVACYBy using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.3. REGISTRATION AND SECURITYYou may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. RBI has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify RBI of any unauthorized use of your password or username or any other breach of security.4. PROHIBITED CONTENT AND ACTIVITIESYou may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:Impersonate any person or entity, or misrepresent your credentials or any information you provide;Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses, without the express consent of such users;Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);Use another’s information, account, or password, except as expressly permitted;Take any action that imposes an unreasonable load on our network or infrastructure;Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services. orEngage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.5. INTELLECTUAL PROPERTYAll content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “RBI Content”) is the property of RBI. You may use the Services and print copies of RBI Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.Copyright and Other Intellectual Property Rights. RBI Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by RBI or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the RBI Content.Trade and Service Marks. You acknowledge and agree that all RBI logos and marks as well as other proprietary materials depicted in connection with the Services and the RBI Content are the property of RBI and may not be used commercially without the prior written consent of RBI. Marks used in connection with FIREHOUSE SUBS® restaurants, including without limitation, HOOK &amp. LADDER, FOUNDED BY FIREMEN, ENJOY MORE SUBS. SAVE MORE LIVES, are owned by FRG, LLC and may not be used without its written consent. Marks used in connection with BURGER KING® restaurants, including without limitation, BURGER KING, BK, WHOPPER, HOME OF THE WHOPPER, HAVE IT YOUR WAY, Crescent Logo, Hamburger Logo, Heritage Grilling Man, Value Platform, BURGER KING &amp. Crescent Logo YOUR WAY, KING JR, KING DEALS, BIG KING, BACON KING, CROISSAN’WICH, WHOPPER, and WHOPPER JR., are owned by Burger King Company, LLC and may not be used without its written consent. Marks used in connection with TIM HORTONS® restaurants, including without limitation, TIM HORTONS, TIMBITS, ROLL UP THE RIM TO WIN, and ICED CAPP, are owned by Tim Hortons Canadian IP Holdings Corporation and Tim Hortons USA Inc. and may not be used without their written consent. Marks used in connection with POPEYES® restaurants, including without limitation, POPEYES and POPEYES LOUISIANA KITCHEN, are owned by Popeyes Louisiana Kitchen, Inc. and may not be used without its written consent.Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material. Your name, address, telephone number, and email address, so that we may contact you if necessary. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.RBI’s designated agent for notice of claims of copyright is:Restaurant Brands International US Services LLCAttn: Legal (DMCA Copyright Infringement)5707 Blue Lagoon DriveMiami, Florida 33126Email: copyrightdmca@whopper.comEmbedding Content. The Services may allow you to embed RBI Content into other web pages. All use of embedded RBI Content must be for non-commercial purposes only and may be disabled by RBI at any time and for any reason.6. SOCIAL MEDIA INTEGRATIONThe Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third-party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.7. USER SUBMISSIONSCertain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;Violates any person or entity’s right to privacy or publicity;Contains advertising or a solicitation of any kind;Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;Violates any applicable law, or advocates illegal activity.Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.No person under the age of 13 may provide any User Content to us. A person who is under the age of majority in your jurisdiction of residence, but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, may provide User Content, but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.8. LINKS AND THIRD-PARTY CONTENTThe Services may contain links to other websites or online services that are not under the control of RBI. Such links do not constitute an endorsement by RBI of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that RBI assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by RBI.You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.9. GIFTCARDSRBI may allow you to purchase a stored value card through the Services. Your purchase and use of a Giftcard is subject to the applicable Giftcard Terms &amp. Conditions and is accepted at select participating restaurants.10. MOBILE PAYMENT AND MOBILE ORDERINGYou may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from any RBI brand restaurant at or prior to arrival at the participating restaurant location (“Mobile Ordering”) in the same manner as is possible with a Digital Giftcard (“Mobile Payment”). Mobile Payment is subject to the applicable Digital Giftcard Terms &amp. Conditions, as listed above, and is accepted at select participating restaurants. RBI reserves the right at any time to discontinue Mobile Ordering or Mobile Payment, or to change the location of restaurants or markets offering or participating in Mobile Ordering or accepting Mobile Payment at any time.11.TERMINATIONIn our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. RBI is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and RBI reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).Otherwise applicable sections of these Terms shall survive termination. RBI also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the RBI Content.12. GOVERNING LAWThese Terms are governed by the laws of the United States and the State of Florida, without giving effect to their principles of conflicts of law. To the fullest extent allowed by applicable law, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.13. DISPUTE RESOLUTION,ARBITRATION, AND CLASS ACTION WAIVERFor purposes of this Section (Dispute Resolution, Arbitration, and Class Action Waiver), “RBI” shall include its subsidiaries, affiliates, and their respective shareholders, directors, officers, agents, employees, predecessors in interest, successors, and assigns. Except where prohibited by applicable law, which may include the Province of Quebec (to the extent applicable), the following terms apply to all legal disputes between you and RBI.Most issues can be resolved quickly and amicably by contacting Firehouse Subs customer support at guestservices@firehousesubs.com. We understand, however, that sometimes disputes cannot be easily resolved by customer support. This section explains how you and RBI agree to resolve those disputes, including (where applicable) through binding, individual arbitration. Arbitration is an alternative dispute resolution procedure that allows us to resolve issues without going to court. Any dispute between you and RBI is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. The right to appeal from an arbitrator’s decision is very limited.You and RBI agree to arbitrate all “Disputes” between us arising out of or relating to the Services or to these Terms (including without limitation the Privacy Policy), regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. “Dispute” means any claim or controversy between you and RBI, including claims that arose before this or any prior agreement or that arise after the termination of the Terms, and will be given the broadest possible meaning permitted by law. Any question about whether a Dispute is subject to arbitration, including any Dispute about the interpretation, applicability, meaning or enforceability of any provision of the Terms (except for whether or not the agreement to arbitrate was validly formed) will be decided by the arbitrator, not a court. This requirement for binding individual arbitration survives any termination of the Terms or the cessation of RBI’s provision of services to you.Only the following Disputes are exempt from the arbitration requirement: (1) complaints you wish to make to a government agency. (2) small claims court actions (as discussed below). (3) claims related to intellectual property infringement. (4) claims related to the enforceability of the requirement that arbitrations must be conducted on an individual basis only. and (5) actions to compel arbitration or to uphold or enforce any prior arbitration decision. Further, you or RBI may seek an injunction in court on an individual (non-class) basis to preserve the status quo between us for the entire period until we resolve the Dispute in arbitration.If you have an issue that our customer support cannot resolve, or if RBI has a claim against you, before you, or we, can commence an arbitration, we first agree to make a good-faith effort to negotiate a resolution. Those informal negotiations will start on the day that you or RBI sends a written Notice of Dispute as set forth in this section, and you and RBI agree not to start an arbitration until we have engaged in at least sixty (60) days of informal negotiations. This is called the “Informal Resolution Period. ”The Notice of Dispute must include your name and contact information (address, telephone number, and email address), and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by mail to: Restaurant Brands International US Services LLC, Attn: Legal (DMCA Copyright Infringement), 5707 Blue Lagoon Drive, Miami, Florida 33126. You must personally sign the Notice. If requested by RBI, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by written agreement of the parties), you or RBI may commence a formal demand for arbitration. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.As an alternative, if you are seeking only monetary damages for your personal Dispute with RBI and not seeking relief on behalf of any other person, and if your claim fails within the jurisdiction of the small claims court in the county where you reside, you may bring your Dispute in that small claims court. We hope you will try the informal resolution process described herein first and send a Notice of Dispute to start that process, but you do not have to go through such process before going to small claims court.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND RBI AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN SMALL CLAIMS COURT. Any Dispute brought in small claims court must remain in such court and may not be removed or appealed to a court of general jurisdiction and may advance only on an individual (non-class, non-representative basis).If you and RBI do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES WITH RBI IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved through confidential binding arbitration by a single American Arbitration Association (“AAA”) arbitrator, according to the AAA Consumer Arbitration Rules (the “AAA Rules”), effective as of the date you send a Notice of Dispute. The arbitrator’s decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act (“FAA”). The arbitration will be subject to and governed by the FAA and other federal arbitration law. You and RBI both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by the Terms. Although RBI may revise the Terms in its discretion, including the way in which Disputes are resolved, RBI does not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute with respect to which a Notice of Dispute already has been sent.You or RBI may commence an arbitration only after the conclusion of the Informal Resolution Period. If either you or RBI commences an arbitration without having previously provided a valid and compliant Notice of Dispute, you and RBI agree that the AAA (or the arbitrator, if one has been appointed) must (i) suspend the arbitration until the party that initiated it complies with this requirement, and (ii) order the party that commenced the arbitration without having complied with this requirement to reimburse any arbitration fees paid by the other party prior to the suspension. You and RBI authorize the AAA or the arbitrator to decide summarily whether the party that commenced an arbitration complied with pre-filing requirements, relying solely on the Terms and the Notice of Dispute (if any) that the claimant provided before commencing arbitration.RBI DOES NOT CONSENT TO HAVING ANY DISPUTE ARBITRATED ON A CLASS BASIS, EVEN TO THE EXTENT THE ARBITRATION PROVIDER’S RULES MAY ALLOW FOR IT. Any arbitration will be conducted on an individual basis only. To the fullest extent allowed by applicable law, you and RBI agree only to bring Disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where one person or entity acts in a representative capacity (e.g., private attorney general actions), and the arbitrator may not issue relief to any person who is not a claimant in arbitration.To start an arbitration, if you have already complied with the Informal Resolution Period requirements, you should follow the instructions on the AAA website. You also may call AAA at 800-778-7879.The party starting an arbitration must send AAA a “Demand for Arbitration,” pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. If you commence an arbitration, you must send a copy sent by mail to: Restaurant Brands International US Services LLC, Attn: Legal (DMCA Copyright Infringement), 5707 Blue Lagoon Drive, Miami, Florida 33126.If RBI commences the arbitration, RBI must send your copy to your registered email address and to the current mailing or billing address(es) you have provided us (if any).If you are or RBI is demanding recovery of $10,000 or less, the arbitrator may resolve the Dispute based upon the parties’ written submissions alone, without a live hearing, unless the arbitrator believes a hearing is required. For matters where the arbitrator believes a hearing is required, or for Disputes involving more than $10,000 but less than $25,000 in controversy, hearings will be conducted by teleconference or video conference, unless the arbitrator believes an in-person hearing is necessary. In such instances, or for Disputes with $25,000 or more in controversy, the location of an arbitration hearing will be decided pursuant to the AAA Rules.An arbitrator can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. The arbitrator shall issue a reasoned, written decision sufficient to explain the arbitrator’s essential findings and conclusions. The arbitrator’s decision will be final and binding, except for the limited judicial review provided by the FAA, and may be enforced as a final judgment by any court of competent jurisdiction. The arbitrator’s decision shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. If either party unsuccessfully challenges the validity or enforcement of an award, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the unsuccessful challenge.If any provision of this section is found invalid or unenforceable, You and RBI agree that the provision will be severed and the rest of the Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the preclusion on class arbitration is found invalid or unenforceable, this entire section will be void and any affected Dispute will be resolved in court. In the event a dispute cannot, by applicable law, be subject to binding arbitration, you and RBI irrevocably submit to the jurisdiction of the state and/or federal courts in the Southern District of Florida, except where prohibited by applicable law, which may include the Province of Quebec. Nothing in this paragraph shall preclude either you or RBI from removing to federal court a case filed in state court, if federal jurisdiction exists.In a dispute between a consumer and a business, no matter which side starts the arbitration process, the AAA Rules require the business to pay most of the filing and hearing fees for the arbitration, but also require the consumer to pay a filing fee. RBI will pay all fees and costs that we are required by law to pay. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. If a court determines that any of the prohibitions on non-individualized relief. class, representative, and private attorney general claims. and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against RBI by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for RBI shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. To the extent your claim has not been adjudicated, resolved, or withdrawn within 18 months following the second bellwether process, you may elect to opt-out of the bellwether process and provide your Demand for Arbitration to the AAA for adjudication pursuant to the AAA Consumer Arbitration Rules and Multiple Consumer Case Filing Fee Schedule. To the extent you have provided Notice of a Dispute, the statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against RBI.To the fullest extent allowed by applicable law, regardless of whether a Dispute must be arbitrated or is exempt from the arbitration requirement, you or RBI must provide a Notice of Dispute—or, for exempt Disputes, commence litigation—within three (3) years from when the claimant first knew or reasonably should have known that the Dispute existed. If applicable law provides a shorter deadline for commencing Disputes, that shorter deadline applies.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FAILURE TO SEND A NOTICE OF DISPUTE OR TO COMMENCE LITIGATION WITHIN THE TIME PERIOD SET FORTH HEREIN SHALL BAR ALL SUCH CLAIMS.14. DISCLAIMER OF WARRANTIESALL OF THE PROVISIONS OF THIS PARAGRAPH APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES. (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE. AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY RBI. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. RBI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR RBI CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF RBI SHALL CREATE ANY WARRANTY OR CONDITION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.15. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITYALL OF THE PROVISIONS OF THIS PARAGRAPH APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:NONE OF RBI, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RBI CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF RBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN RBI’S LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.16. INDEMNIFICATIONTo the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and defend RBI, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of RBI. These obligations will survive any termination of these Terms.17. INTEGRATION, SEVERABILITY AND WAIVERThese Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between RBI and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.18. NOTICE FOR CALIFORNIA CONSUMERSUnder California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.19. CONTACT INFORMATIONPlease direct any questions, complaints, or comments related to the Services to privacy@rbi.com.20. OPT-OUT INSTRUCTIONSIf you no longer wish to participate in the Royal Perks Program, click HERE to request deletion of your account and data. You may also submit your request to RBI’s Privacy Officer at privacy@rbi.com, or you may contact us at 1-866-394-2493. Currently, opting out of the Royal Perks Program will require deletion of your account. Please note that an account is required to place a mobile order.