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Terms of Use

Last Modified 08/05/2016

Your access to and the use of the Jersey Mike's Franchise Systems, Inc. ("Jersey Mike's") website located at https://www.jerseymikes.ca (the "website" or the "Jersey Mike's website") is subject to the following terms and conditions, "Terms", as well as all applicable laws. In consideration for making our website available to you, you agree to comply by these Terms, whether or not you are a registered user. If you do not agree, do not use the website.

There are sections of Jersey Mike's website that may connect you to other sites outside of the control of Jersey Mike's website. These Terms apply ONLY to web pages that are part of Jersey Mike's website.

Registration

Certain portions of Jersey Mike's website are limited to registered users, and/or may allow a user to request support/services online by entering personal information. When users register with our website or purchase something from us, they will be provided a link to these Terms and asked to agree to comply with them. When you provide us with information, you agree that any personal information provided to us is complete and accurate. Also, you agree not to register under the name of, nor attempt to enter the website under the name of, another person, and you will not adopt a user name that Jersey Mike's, in its sole discretion, deems offensive. Please note that any personally identifiable information that you provide to us will be subject to, and protected under, our Privacy Policy. Please read our privacy policy at https://www.jerseymikes.ca

Your Account

If you use the Jersey Mike's website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In addition, you agree to accept responsibility for all activities that occur under your Jersey Mike's account or password. The Jersey Mike's website sells products to adults, who can purchase with a credit card.

If You Are Under the Age of Majority

If you are under the age of majority in your jurisdiction of residence, you may use the Jersey Mike's website only with involvement of a parent or legal guardian. Jersey Mike's and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

If You Are Under 13 Years of Age

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE JERSEY MIKE'S WEBSITE - there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Access to the Jersey Mike’s website

Jersey Mike's hereby grants you permission to use the website as set forth in these Terms, provided that: (i) your use of the website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the website in any medium without Jersey Mike's prior written authorization; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

In order to access some features of the website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jersey Mike's immediately of any breach of security or unauthorized use of your account. Although Jersey Mike's will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jersey Mike's or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the Jersey Mike's servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit any users of the website for commercial purposes.

Conduct

You agree to access and use Jersey Mike's website for lawful purposes, ONLY. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the website. By accessing Jersey Mike's website, you agree that you will NOT:

  • Use The Jersey Mike's website to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
  • Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
  • Use the website to impersonate other parties or entities;
  • Use the website to upload any content that contains a software virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the website (or the hardware/software of any other person who may access the website);
  • Upload, post, e-mail, or otherwise transmit any materials, that you do not have the right to transmit under any law (or under any contractual relationship);
  • Alter, damage, or delete any content posted on the website;
  • Disrupt the website's normal functionality in any way;
  • Claim a relationship with or speak for Jersey Mike's or any of its franchisees or affiliates;
  • Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  • Post any material that infringes (or violates) the intellectual rights of others; or
  • Collect (or store) personal information about others.
Termination of Use

Jersey Mike's may (in its sole discretion) suspend/terminate your access to or use of Jersey Mike's website without notification for any violation of these Terms, or for other conduct that Jersey Mike's deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access Jersey Mike's website, and Jersey Mike's will use whatever means necessary to enforce this termination.

Other Site Links

There may be some links on Jersey Mike's website that are not maintained/operated by Jersey Mike's ("Links"). Jersey Mike's does not control these Links, nor do we review their content. Jersey Mike's provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between Jersey Mike's and the operators of the Links. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information provided by third parties. We do not investigate, monitor, or check such websites for accuracy or completeness. We are not responsible for the availability of these websites, and may discontinue providing such links at any time in our sole discretion without notice to you.

Policy on Spamming

You specifically agree NOT to utilize e-mail addresses obtained by browsing through Jersey Mike's website to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day. Also, you agree NOT to transmit the same or substantially similar unsolicited message to 20 or more recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Note: Jersey Mike's (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage set forth in these Terms.

Cookies

The Jersey Mike's website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalize your experience. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website. Most web browser applications (such as Internet Explorer, Safari, Chrome and Firefox) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of the website.

Content

Jersey Mike's has the right to monitor any content that you provide. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons.

Any ideas, proposals, and/or other information submitted or collected on the website shall be considered non-confidential. By submitting information to the website, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.

In the event that you have commented on our products or services, we value your opinion and appreciate the time you have taken to do so. However, we have the right to remove any comments deemed inappropriate, that include obscene or distasteful material, promotional content such as advertisements, personal information such as phone numbers or addresses, or off-topic information.

Copyright/trademark notice

All website design, text, layout, graphics and the selection and arrangement thereof is owned by us and/or our affiliates, or licensed to us, and all rights are reserved. You are authorized to view, download and print portions of the website solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Any other use of materials on the website, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from the website.

All of our trademarks are protected by Canadian law. Unauthorized use of our trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used or referenced in the website, are the property of their respective owners.

Indemnity

You agree to defend, indemnify, and hold harmless Jersey Mike's (and its owner/operators and employees) from any and all liabilities and costs incurred by us, owner/operators and each of our respective employees in connection with any claim arising from any breach by you of these Terms, including reasonable attorneys fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. Jersey Mike's reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of Jersey Mike's.

Disclaimer of Warranty

You expressly understand and agree that your use of Jersey Mike's website, or any material available through the website, is at your own risk. Neither Jersey Mike's nor its employees warrant that the website in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the website. The content and function of Jersey Mike's website are provided to you as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use.

Limitation of Liability

In no event will Jersey Mike's (or its employees) be liable for the incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use Jersey Mike's website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any and all other damages.

Acceptance of Service

The website is controlled and offered by Jersey Mike's for legal residents of Canada only (excluding Quebec). Jersey Mike's makes no representations that the Jersey Mike's website is appropriate or available for use in other locations. Those who access or use the Jersey Mike's website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.

Ability to Accept Terms of Use

You affirm that you have reached the age of majority in your jurisdiction of residence, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Jersey Mike's website is not intended for children under 13.

Modification of Terms of Use

Jersey Mike's reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our web site. If you are a member of our Email Club, we will email you a notice of such changes.

General

You agree that: (i) the Jersey Mike's website shall be deemed solely based in New Jersey; and (ii) the Jersey Mike's website shall be deemed a passive website that does not give rise to personal jurisdiction over Jersey Mike's, either specific or general, in jurisdictions other than New Jersey. These Terms shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Jersey Mike's that arises in whole or in part from the Jersey Mike's website shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey. These Terms, together with the Jersey Mike's website Privacy Policy and any other legal notices published by Jersey Mike's on the website, shall constitute the entire agreement between you and Jersey Mike's concerning the website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Jersey Mike's to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Jersey Mike's reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. YOU AND JERSEY MIKE'S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JERSEY MIKE'S WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.