Terms of Use

I. General

By installing or accessing any of Freddy’s websites, applications (including, without limitation, Freddy’s Mobile “App”), email newsletters, subscriptions, social media, online marketplace, or digital properties on which these terms are posted or referenced (the “Services”), you are entering into a binding agreement with Freddy’s, LLC (“Freddy’s”).  Please review these Terms of Use carefully, they contain an Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, Limitations on Freddy’s Liability, and other provisions that directly affect your legal rights.  YOUR USE OR ACCESS OF ANY PORTION OF THE SERVICES CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS MAY BE AMENDED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.

By accepting these Terms of Use you also understand and consent to Freddy’s Privacy Policy, which is incorporated into this agreement.  Our Privacy Policy describes how Freddy’s collects, uses, and shares information.

By accepting these Terms of Use you understand and agree that, as stated in the mandatory Arbitration Agreement and Class Action Waiver, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings.  It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The Services are neither targeted to, nor intended to be used by anyone under the age of 13 years.  If you are at least 13 years old, but not yet 18 years old (or the legal age of majority in your jurisdiction), then you may not access or use the Services unless and until you review these terms with your parent or guardian, and they must understand and agree to these terms in order for you to use the Services.  If you or your parent or guardian do not agree to these terms, then you must immediately stop using the Services and request that Freddy’s close any online account you may have created.  You can request account deletion by submitting your request at https://ffcsb.us/removal, please include the email address of the account that you want deleted.

Each of the terms of these Terms of Use are severable and operate separately.  If any of them are deemed to be invalid, unenforceable, or illegal, then the remaining terms and conditions will remain in full force and effect.

You agree that Freddy’s may update, modify, or terminate the Services at any time and in its sole discretion

II. Use

The Services are intended solely for personal use. The Services are also intended solely for use and access by persons residing in the United States. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, trademarks, trade dress and/or intellectual property owned, controlled or licensed by Freddy’s or by third parties who have licensed their materials to Freddy’s and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Services is the exclusive property of Freddy’s or its licensors and are protected by U.S. and international copyright laws. No material from any portion of the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

In addition, you agree not to (a) use or access the Services for any purpose that is unlawful or prohibited by these Terms of Use; (b) use or access the Services in a manner that could damage, disable, overburden, or impair any Freddy’s computer system or the networks connected to any Freddy’s computer system; (c) interfere with any third party’s use and enjoyment of the Services; or (d) attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Freddy’s server through hacking, password mining, or any other means.

III. Email and Other Communications

In connection with your use of the Services, you consent to Freddy’s recording any communication, electronic or otherwise, between you and Freddy’s and retaining any information and data you submit while using the Services. In using the Services, you may be permitted to communicate electronically with Freddy’s by sending electronic mail to Freddy’s; however, you acknowledge and agree to only submit general information or inquiries to Freddy’s via electronic mail and any other submissions or communications on or through the Services, and you agree that any information or inquiries you submit through the Services will be in accordance with the express instructions set forth on the Services for such submissions or communications. Do not send any time-sensitive communications to Freddy’s via e-mail.  You agree that Freddy’s shall not be responsible for responding to any such communications.

The Services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, and other information.  You agree that by making any such submissions to Freddy’s through the Services, you grant Freddy’s a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purposes whatsoever without approval from or compensation to you or any other person.  You also agree that any such submissions are not confidential and that Freddy’s will not be required to treat any such submissions as confidential.

IV. Links

Links to certain Third-Party Services (as defined by the Privacy Policy) exist on the Services, including, without limitation, the Spectrum/Freddy’s Store (https://spectrumpromotional.com/clients/freddysstore/) and DoorDash. Those Third-Party Services are operated and maintained by third parties and are not a part of the Services or subject to these Terms of Use or Freddy’s Privacy Policy.

Freddy’s is not affiliated or associated with the sponsors, owners, or producers of any of the Third-Party Services linked to or from the Services. These Third-Party Services are not under Freddy’s control, and Freddy’s explicitly disclaims any responsibility for the accuracy, content, or availability of the information, products, and/or services found on or through such Third-Party Services. Freddy’s does not endorse services contained on or through such Third-Party Services. Freddy’s does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you disclose or transmit through any of the Third-Party Services.

V.Termination

Freddy’s shall have the right to terminate your access to, and use of, the Services immediately including if, in its sole discretion, Freddy’s believes that your conduct fails to conform to these Terms of Use. Upon termination of your access, you agree that you will immediately discontinue use of the Services.

VI. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL FREDDY’S OR ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FREDDY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FREDDY’S, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF SUCH LOSS OR DAMAGE.

VII.Dispute Resolution (the “Arbitration Agreement”)

Please read this section carefully.  It directly affects your rights and will have a direct impact on how claims will be resolved relating to your information, your use of or access to the Services, these Terms of Use, or Freddy’s Privacy Policy. 

Arbitration Agreement.  Any dispute or claim arising from or relating to your use of or access to the Services, disclosure or safekeeping of your information, these Terms of Use, or Freddy’s Privacy Policy, is subject to binding arbitration rather than in court (the “Arbitration Agreement”).  This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

Except to the extent inconsistent with the FAA or preempted by federal law, the laws of the State of Kansas will govern these Terms of Use and Freddy’s Privacy Policy, without regard to principles of conflict of laws.

Jury Trial Waiver.  In all circumstances, each party hereby knowingly, voluntarily, and intentionally waives (to the full extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to your use of or access to the Services, the Terms of Use, or Freddy’s Privacy Policies.

Arbitration Procedures.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and an arbitrator must also follow these Terms of Use as a court would.

All issues are for the arbitrator to decide. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy.  Payment of all filing, administration, and arbitrator fees will be governed by the rules of the American Arbitration Association for consumer-related disputes.

Class Waiver.  You and Freddy’s agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding.  Unless both you and Freddy’s agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.

The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim or claims.  Any relief awarded cannot affect other users of the Services or other parties to the Terms of Use or the Privacy Policy.

Severability.  If any part of these Terms of Use or the Privacy Policy is deemed to be invalid, unenforceable, or illegal, then the balance shall remain in full effect.

VIII. Disclaimer

THE SERVICES ARE PROVIDED BY FREDDY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREDDY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION INCLUDED ON THE SERVICES. FREDDY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. FREDDY’S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SYSTEMS AND NETWORKS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. FREDDY’S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK.

IX. Modifications of These Terms of Use

Freddy’s reserves the right to change, modify, amend and/or update these Terms of Use and the Privacy Policy at any time with or without prior notice. Your use of the Services following any such changes, modifications, amendments and/or updates constitutes your unconditional agreem