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Terms of Use

Your access to and the use of Jersey Mike’s web site is subject to the following terms and conditions, as well as all applicable laws. Your access to the web site is in consideration for your agreement to the Use Policy, whether or not you are a registered user. By accessing, browsing, and using Jersey Mike's web site, you accept, without limitation or qualification, these Terms and Conditions of Use Policy. These Terms and Conditions of Use affect your rights and you should read them carefully.

There are sections of Jersey Mike’s web site that may connect you to other sites outside of the control of Jersey Mike’s web site. These terms and conditions apply ONLY to those areas that are on the Jersey Mike’s web site.

Modification of the Agreement

Jersey Mike’s maintains the right to modify the Use Policy, and may do so by posting notice of such modifications on this page. Any modification made is effective immediately upon posting the modification (unless otherwise stated). Your continued use of Jersey Mike’s web site following the posting of any modification signifies your acceptance of such modification. You should visit this page, periodically, to review the current Use Policy.

Registration

Certain portions of Jersey Mike’s web site are limited to registered users, and/or may allow a user to request support/services online by entering personal information. You agree, that any personal information provided to us is complete and accurate, as well as given to us at your own risk. Also, you agree not to register under the name of, nor attempt to enter the web site 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 information you provide will be subject to our privacy policy. To review these terms, which are incorporated into this Acceptable Use Policy, please read our privacy policy.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the JerseyMikes.com domain name, the "Jersey Mike’s web site" or the "web site") operated by Jersey Mikes Franchise Systems, Inc., YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF JERSEY MIKE’S PRIVACY POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Jersey Mike’s web site.

Your account

If you use the Jersey Mike’s Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Jersey Mike’s Web site sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Jersey Mike’s Web site only with involvement of a parent or 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.

Access to the Jersey Mike’s web site

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

In order to access some features of the web site, 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 web site 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 web site, nor to use the communication systems provided by the web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the web site with respect to their User Submissions.

Conduct

You agree to access and use Jersey Mike’s web site 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 www.jerseymikes.com. By accessing Jersey Mike’s web site, you agree that you will NOT:

• Use The Jersey Mike’s web site 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 web site to impersonate other parties or entities;
• Use the web site 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 web site (or the hardware/software of any other person who may access the web site);
• 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 web site;
• Disrupt the normal flow of communication 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 web site without notification for any violation of the Use Policy, 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 web site, 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 web site that are not maintained/operated by Jersey Mike’s. Jersey Mike’s does not control these web sites, nor do we review their content. Jersey Mike’s provides these outside resource links to users for their convenience. The listing of links are not an endorsement of information, products, or services, and do not imply a direct association between Jersey Mike’s and the operators of the outside resource links.

Policy on Spamming

You specifically agree NOT to utilize e-mail addresses obtained by browsing through Jersey Mike’s web site 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 this Use Policy.

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. Note: The United States and foreign copyright laws, as well as international conventions, protect the contents of Jersey Mike’s web site. (You have agreed to abide by all copyright notices by entering and using Jersey Mike’s web site www.jerseymikes.com)

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 or our employees in connection with any claim arising from any breach by you of this Use Policy, 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 web site, or any material available through the web site, is at your own risk. Neither Jersey Mike’s nor its employees warrant that the web site 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 web site. The content and function of Jersey Mike’s web site 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 web site, 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 web site is controlled and offered by Jersey Mike’s from its facilities in the United States of America. Jersey Mike’s makes no representations that the Jersey Mike’s web site is appropriate or available for use in other locations. Those who access or use the Jersey Mike’s web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or 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 of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Jersey Mike’s web site is not intended for children under 13. If you are under 13 years of age, then please do not use the Jersey Mike’s web site - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

General

You agree that: (i) the Jersey Mike’s web site shall be deemed solely based in New Jersey; and (ii) the Jersey Mike’s web site shall be deemed a passive web site that does not give rise to personal jurisdiction over Jersey Mike’s, either specific or general, in jurisdictions other than New Jersey. These Terms of Service shall be governed by the internal 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 web site shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey. These Terms of Service, together with the Jersey Mike’s web site Privacy Notice and any other legal notices published by Jersey Mike’s on the web site, shall constitute the entire agreement between you and Jersey Mike’s concerning the web site. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service 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 Service shall not constitute a waiver of such right or provision. Jersey Mike’s reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Jersey Mike’s web site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. 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.