North Miami, FL
These terms of use are entered into by and between you (“you”) and Wing Country Inc. (“Wing Country“, “we“, “us“, “our“). The following terms and conditions, together with any documents or Additional Terms (as defined below) incorporated by reference herein (collectively, these “Terms”), govern your access to and use of our services and offerings and the Wing Country website (collectively, the “Services”) and our Products (as defined below). In addition, certain Services may be subject to additional terms and conditions (“Additional Terms”) specified by Wing Country from time to time, and your use of such Services shall be subject to those Additional Terms, which are incorporated into these Terms by this reference. In the event there is a conflict or inconsistency between these Terms and the Additional Terms, the Additional Terms shall govern as to the extent of such conflict or inconsistency.
Please read these Terms carefully before you begin to use the Services or purchase any Products. By registering for, accessing or using the Services in any manner or purchasing any Products through the Services, you accept and agree to be legally bound and abide by these Terms, as well as all other operating rules, policies and procedures that may be published from time to time on or through any Service by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Services are offered only for your personal and informational use (“Personal Use”), and not for the use or benefit of any third party; if you are a company or entity, Personal Use means for your own personal, non-commercial purposes, and not for reproduction, distribution or display to or for the benefit of any third party. DO NOT USE ANY OF THE SERVICES OR PURCHASE PRODUCTS IF YOU DO NOT ACCEPT THESE TERMS. BY YOUR ACCESS TO, AND USE OF, ANY SERVICE OR PURCHASE OF ANY PRODUCT, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
SECTION 10 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL. THOSE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES, AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.
1) Your Privacy.
To understand how we collect, use, process and safeguard your Personal Information, please review our Privacy Policy.
2) Purchasing our Products
a) Online Purchase. To purchase products, merchandise, or other items (collectively, “Products“) through the Services, you must provide valid payment card and billing information. That information will be collected by Wing Country and/or its applicable service provider. Your information will be collected and used in accordance with Wing Country Privacy Policy. When you purchase Products through the Services, prices will be provided during the order process. You agree to pay the price that is stated, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing Products through the Services, you represent and warrant to Wing Country that you are capable of entering into a contract under the applicable law.
b) Availability and Depiction of Products, Services, and Promotional Offers. The display of a menu item through the Services does not mean that the menu item is available as all Products are subject to availability, and are only available while supplies last. Prices are subject to change and may vary from location to location. In addition, promotional and other offers are subject to availability and may be limited to participating locations or other conditions. While we endeavor to display and describe the menu items available through the Services accurately and completely, the detail and accuracy of the images and specifications of menu items may vary from how they actually appear or are provided at a particular location. Therefore, we cannot guarantee that the menu items, images, services, or descriptions displayed or described are or will remain accurate or complete in every detail. Furthermore, we may update the menu items, images, available features, services, or specifications from time to time.
c) Online Ordering and Delivery. Our Services provide an option to order food and beverages from participating locations for in-store or curbside pickup or delivery, where available. These Services may be provided through third-party services like MOBI HQ Limited and Uber Technologies, Inc. In using those third-party services, you agree to the terms of use, privacy policy, and other terms of those third-party services. We are not responsible for the acts or omissions of those parties, such as the failure to accurately or timely transmit an order to a participating location.
When you place an order, you must provide a credit card or other payment and pay for the order before it can be picked up or delivered. Any applicable taxes and fees, delivery and service fees, or other related surcharges 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 Services, and discounts, coupons, and other offers may not be able to be combined with orders placed through the Services. Please note that you may need to enable location services on your device for the ordering function to work properly.
Delivery may be available through the online ordering system for qualifying orders placed at participating locations. Delivery may also be available through select third-party delivery services. When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not Wing Country. Wing Country does not have any responsibility or liability for the acts or omissions of the third-party services delivery provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
3) Grant of License and Restrictions on Use.
a) Grant of License. Subject to the terms and conditions of these Terms, Wing Country grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to access, download, and display locally) the Services and Content (as defined below) solely for your Personal Use. Use, reproduction, modification, distribution or storage of any Services or Content for any other purposes is expressly prohibited without prior written permission from Wing Country. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for non-Personal Use or in any way that violates this policy or any third party right. We also reserve the right to suspend or terminate this grant and your use of the Services and/or Content for any or no reason at any time, with or without notice to you.
b) You may elect to register to use our Services, including to place orders, directly via Wing Country. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy.
c) Age Eligibility. The Services and Content are offered and available only to individuals who are 13 years of age or older, are able and competent to grant the rights as detailed in these Terms, and to comply with these Terms. By accessing or using any Service, you represent and warrant that you meet the foregoing eligibility requirements. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services or Content. We may, in our sole discretion, refuse to offer the Services and/or Content to any person or entity and change eligibility criteria at any time.
d) You may not (and may not permit any third party to) access or use, or attempt to access or use, the Services or Content to take any action that could harm Wing Country or any third party, or interfere with the operation of the Services, nor may you use the Services in a manner that violates any applicable laws, rules or regulations. Without limiting the foregoing, you agree not to use any Service or Content:
(I) In any way that violates any applicable federal, state, local or international law or regulation; including, but not limited to, in any way that infringes any intellectual property, right of publicity or other right of any third party;
(II) In any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
(III) To submit any information or Content you know, or have reason to know, is false, misleading, untruthful or inaccurate;
(IV) To misrepresent, impersonate or attempt to impersonate Wing Country, an Wing Country, employee, another user or any other person or entity, or the origin of any information you provide (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(V) To transmit, or procure the sending of, any unsolicited advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
(VI) To obtain or attempt to gain unauthorized access to any computer system, network, data, identification, password or other information, financial, health-related or otherwise, of ours or of any third party, nor to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected directly or indirectly to the Services);
(VII) To engage in unauthorized spidering, scraping, crawling or harvesting of Content or information, or use any other unauthorized automated, or manual, means to compile any Content or information from the Services;
(VIII) To upload otherwise transmit any communication, software, or material that contains a virus or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the Services or obtain unauthorized access to any system, data, password, Content or other information of ours or of any third party, or is otherwise harmful to our or third- party computers or systems;
(IX) To use any device, software, or routine imposing an unreasonable or disproportionately large load on our network (as determined by us in our sole discretion), to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, network or infrastructure;
(X) To copy, rent, lease, or distribute the Services; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services; nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(XI) To train artificial intelligence (AI) or machine learning (ML) models or algorithms; or
(XII) To engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
4) No Ownership by You; Reservation of Rights.
You acknowledge and agree that the Services as between you and Wing Country and its licensors and service providers own all rights in the Services and Content (other than Your Content, as provided below). You do not acquire any ownership interest in the Services or Content (other than Your Content, as provided below) under these Terms, or any other rights thereto other than to use the Services or Content in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms. Wing Country and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services and Content (other than Your Content, as provided below), including all intellectual property rights therein or relating thereto. Further, the Services and Content contain intellectual property owned by third parties, and all third party product names/brand names and Content are trademarks or other intellectual property rights of their respective owners.
5) Content.
a) For purposes of these Terms, “Content” includes, without limitation, any information, data, statistics, text, photographs, images, drawings, videos, GIFs, audio clips, software, scripts, graphics, trademarks, logos, indicia, and interactive features generated, provided, or otherwise made accessible on or through the Services, including without limitation, Your Content (as defined below). You acknowledge and agree that we may remove, modify, or disable access to any Content (including Your Content) for any reason in our sole discretion, including without limitation any Content that we determine is or may be misleading, inaccurate, fraudulent, disparaging, discriminatory, hateful, harassing, promoting of violence or unlawful conduct, constitutes unlawful or misleading endorsements or solicitations, or otherwise inappropriate.
b) Your Content and Other Users’ Content. All Content that you add, create, upload, submit, distribute, or post, or authorize us to post, to any Services (“Your Content”), whether publicly posted or privately transmitted, is your sole responsibility. You have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Your Content on or through the Services, (i) you automatically grant Wing Country a perpetual, non-exclusive, royalty-free, irrevocable, fully-paid-up, worldwide right and license to use, reproduce, perform, display, publish, adapt, modify, sell, license, sublicense, broadcast, transmit, distribute, exhibit, disseminate or otherwise exploit through or by means of any media, formats or other means now known or developed in the future, Your Content, and (ii) you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. You represent that all Your Content that you provide is true, accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. All statements and/or opinions expressed in these materials by you or other users, and all articles and responses to questions, ratings or reviews and other users’ Content are solely the opinions and the responsibility of the person or entity providing those materials. Users’ Content does not necessarily reflect our view or opinion. You acknowledge and agree that you are solely responsible and liable for all Your Content.
c) Availability of Content. We do not guarantee that any Content will be made available on or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
6) Monitoring.
We expressly reserve the right to monitor any and all use of the Services, but have absolutely no obligation to do so, nor to continue to do so at any point. We also reserve the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Content.
7) Term and Termination.
These Terms are effective from the time you first use or access the Services and continues in effect until terminated by us. Your rights under Section 2(a) (Grant of License) of these Terms will terminate automatically, without need for notice from us, if you fail to comply with, or if you breach, any term(s) of these Terms.
8) Disclaimers; Limitation of Liability; Sole Remedy.
a) Disclaimer of Warranties. YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, CONTENT OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, (I) WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR ABILITY OR INABILITY TO USE THE SERVICES; (II) ANY ERRORS PUBLISHED IN RELATION TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THESE TERMS OR ANY CONTENT; (III) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE SERVICES; (IV) HUMAN ERROR; (V) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE SERVICES, ANY SOFTWARE, OR INTERNET CONNECTIVITY; (VI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF Wing Country OR THIRD PARTY; (VII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE.
b) Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WING COUNTRY NOR OUR AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, LIABILITIES OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, RELIANCE ON OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY SITES LINKED, FROM OR ACCESSED THROUGH THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WING COUNTRY, ANY OF OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LOSS OF DATA, DELETION OF FILES, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
c) Disallowance of Exclusions or Limitations; Sole Remedy. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, IN THOSE JURISDICTIONS, (I) WARRANTIES BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW AND (II) OUR LIABILITY WILL BE LIMITED TO THE AMOUNTS WE RECEIVED FROM YOU IN CONNECTION WITH THE APPLICABLE SERVICE OR THE LOWEST AMOUNT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT OR DO NOT WISH TO ACCEPT THE LIMITATIONS OF LIABILIABILITY OR INDEMNIFICATION OBLIGATIONS BELOW, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
9) Indemnification. You agree to defend, indemnify, defend and hold harmless Wing Country, our affiliates, service providers, vendors, licensors and our and their respective officers, directors, employees, representatives, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and legal expenses (including any incurred in enforcement of this provision), arising from or relating to: (i) your (or any third party using your identity or account on the Services) use or misuse of, or access to, the Services or Content; (ii) Your Content provided by you (or any third party using your identity or account on the Services); (iii) or your (or any third party using your identity or account on the Services) breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses and providing any and all necessary or reasonable information and access (including to individuals).
10) Governing Law; Dispute Resolution.
a) Governing Law. These Terms, the Services and Content are subject to the laws in effect in the State of Delaware, without giving effect to their conflicts of law principles.
b) Dispute Resolution. With respect to any and all disputes arising out of or in connection with the Services, these Terms, or the Privacy Policy, you and Wing Country agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Wing Country do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association (“AAA”) in Miami, Florida. You and Wing Country explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to this Agreement. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be (i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, (ii) an individual with at least five (5) years of experience as an arbitrator, and (iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, you and Wing Country shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by you and Wing Country are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, Wing Country may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION. YOU AGREE THAT WE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MIAMI-DADE COUNTY, FLORIDA REASONABLE OR NECESSARY TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
EXCEPT TO THE EXTENT SUCH TIME LIMITATION IS PROHIBITED BY LAW, ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS, OR THE PRIVACY POLICY, BY YOU MUST BE FILED WITHIN ONE YEAR IN AN ARBITRATION PROCEEDING. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE ISN’T FILED WITHIN ONE YEAR, IT’S PERMANENTLY BARRED.
11) General.
a) Changes to These Terms. Wing Country reserves the right to change or modify these Terms at any time in our sole discretion without further notice. Changes will be effective immediately upon being posted on this page unless otherwise specified. If we make material changes, if we have your contact information, we will notify you directly prior to the changes taking effect. Continuing to use the Services after we post changes to these Terms constitutes your acceptance of those changes. When we make changes to these Terms, we will post any changes on this page so please check back frequently so you are aware of any changes, as they are binding on you.
b) Severability. If any provision of these Terms is held to be void, illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
c) Headings for Convenience Only. Headings are provided for convenience only, and no interpretation or construction of these Terms shall be derived from or based on headings.
d) No Waiver. No waiver of by Wing Country of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wing Country to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
e) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
f) Assignability. These Terms are personal to you, and are not assignable, transferrable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent and without notice.
g) Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. All notices to us must be sent to: legal@wingcountryrestaurants.com.
h) Entire Agreement. These Terms, together with the any Additional Terms, make up the entire agreement between you and Wing Country regarding the Services and Products.
i) Links to Third-Party Sites. The Services may include links to third-party websites or apps, including social media platforms. Those third-party websites and services are not Services operated or controlled by us. These Terms do not apply to, and we do not control and are not responsible for, the practices of those third-party websites or services. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Wing Country. Wing Country has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the Content of any other site. These links are to be accessed at your own risk. Wing Country makes no representations or warranties about the Content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Wing Country does not endorse, explicitly or implicitly, third-party sites or services hyperlinked to or from the Services.
j) Survival. Any provisions of these Terms which, by their nature, are intended to survive, shall survive the termination of these Terms, unless found to be legally unenforceable.
12) Contact Us.
If you have any questions about these Terms, Products or Services, please contact us via email at inquiries@wingcountryrestaurants.com.
Last Updated: July 1, 2024
