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TERMS OF SERVICE

Effective Date: April 2020

Welcome! Welcome! Little Caesar Enterprises, Inc. is Pizza! Pizza! excited to make available for your personal use our website located at jm.littlecaesars.com where you can find great information about us and local restaurants. As you read these terms, you’ll notice that we refer to ourselves using the following terms, “LCE”, “us”, “our”, and “we”, which all mean Little Caesar Enterprises, Inc. 

WARNING! Just so you know, you may see some cool stuff that we don’t control and actually belong to third parties. These Terms do not apply to sites, services or other stuff of third parties that may interact with our Site. These Terms also don’t apply to other LCE-branded sites. LCE is not responsible or liable for a third party’s terms or any acts or omissions of such third party. We do not necessarily agree with or endorse any third-party content, advertising, or services.

PLEASE NOTE: THESE TERMS CONTAIN SOME REALLY IMPORTANT STUFF OUR LAWYERS TOLD US WE NEED TO MAKE SURE YOU KNOW ABOUT! WE START WITH SOME INFORMATION ABOUT US…

  1. BY USING THE SITE, YOU AGREE TO THESE TERMS AND YOU AND WE HAVE A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE OF THE SITE.
  2. IF YOU OR WE GET INTO AN ARGUMENT OR DISPUTE WITH EACH OTHER, THEN THESE TERMS REQUIRE US TO RESOLVE OUR DIFFERENCES IN AN ARBITRATION PROCEEDING. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. WHO CAN USE THE SITE

We are so glad you stopped by to use the Site, but we don’t just let anyone enjoy our pizza experience!

  • Adults - By using the Site, you promise us that you are old enough to hang out with us (that means you must be at least 18 years of age)!
  • Minors and Little Kids - If you are not at least 18 years old, we are really sorry, but sadly, you can’t use our Site at all or give us any info. BUT please come back when you have your 18th birthday!

2. WHO YOU ARE CONTRACTING WITH

Listen Up! Little Caesar Enterprises, Inc. (“LCE”, “we,” “our” or “us”) operates the Site offered in Jamaica. LCE makes no representation that the Site are appropriate or available for use beyond Jamaica. If you use the Site from other locations, please see the local Terms of Service that apply to such locations. If there are no local Terms that apply to your location, then any use of the Site is at your own risk and you are responsible for compliance with applicable local laws regarding your use, if and to the extent local laws apply.

3. PRIVACY

Your privacy matters to us, and as such, we do not collect any information about you on the Site, including through cookies, forms, or otherwise. If you ever need to contact us about this, you can mail a letter to us at 2125 Woodward Ave., Detroit, Michigan 48201 United States of America or send us an email at [email protected]. If you send us an email, you consent to our and our franchisee’s use of your information to respond to you. If you decide you no longer wish for us or our franchisee to have your email, please let us know and we will delete it and instruct our franchisee to delete it.

4. UPDATES TO TERMS

As a heads up, LCE can change, update, or add or remove provisions of these Terms at any time. We also can change, suspend or discontinue the Site. If we make any such changes, we will update you by posting the changes on our websites listed above. If you keep using our Site after notice of the updates, then you agree to the updated Terms applying to your continuing use. If you don’t agree with any of the updated Terms, then sadly you must stop using the Site and we will miss you!

5. USING THE COOL STUFF!

Earlier we mentioned that we offer some really cool stuff as part of the Site, like content, logos, graphics, video, images and other materials (“Cool Stuff”). Because we want everyone to enjoy use of the Cool Stuff as well as protect our rights in the Cool Stuff, we expect everyone, including you, to follow our Cool Stuff Use and Safety Rules found below.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, personal, and non-transferable license for your personal, non-commercial use only to use the Site on your personal device. This limited license (i) does not give you any ownership of, or any other intellectual property interest in or right to, the Site, and (ii) may be immediately suspended or terminated for any reason. Also, if you breach any of these Terms, the above license will terminate automatically, and you must immediately discontinue use of the Site and destroy any materials you have downloaded from the Site.

 

The Site (including past, present, and future versions) is owned or controlled by us, our licensors and certain other third parties. Unless otherwise specified in these Terms, all information, screens, and Cool Stuff, including documents, services, site design, text, graphics, logos, images and icons, and the arrangement thereof, are the sole property of LCE ©2019 Little Caesar Enterprises, Inc. The Little Caesars® Pizza name, logos and related marks are trademarks licensed to LCE. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

We want to make sure the Site is fun and safe for everyone and we need your help to do that. So, to use the Site, you agree that you will not:

  • use the Site for any political or commercial purpose;
  • do anything through the Site that tries to or does harm to anyone, or is unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or violates any right of any third party, or is otherwise objectionable to LCE;
  • use the Site to impersonate anyone or otherwise misrepresent your affiliation with anyone;
  • reverse engineer, decompile, disassemble, or modify the Site, except to the extent mandatorily established by the law;
  • do anything that interferes with someone else’s rights or someone else’s access to, or use of, the Site;
  • Interfere with any security feature of the Site;
  • collect or store any information about users of the Site (including personally identifiable information about users of the Site, including e-mail addresses), without the express consent of such users;
  • Hack or otherwise try to break into the Site, or our or our licensors’ computer system(s) or network(s), or intentionally put too large a load on the Site or our systems;
  • monitor, gather, copy, or distribute the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
  • frame or utilize framing techniques to enclose the Site (including any images, text, or page layout);
  • use the Site in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
  • copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Site in any way for any purpose except as specifically permitted by the Terms or with the prior written consent of an officer of LCE; nor insert any code or product to manipulate the Site in any way that adversely affects any user experience.

6. TERMINATION

LCE may terminate or suspend your use of the Site if you fail to comply with these Terms or the law, or for any reason outside of our control, including a zombie apocalypse. Though we will try to give you advance notice, we can’t guarantee it. Our right to terminate or suspend your use means that we may stop providing you with access to the Site. The parts of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to LCE in these Terms, as well as the indemnities, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

7. DISCLAIMERS; LIMITATIONS ON LIABILITY

Even though the words that follow are in ALL CAPS, we promise you that we are not yelling at you. Our pesky lawyers told us that we must put some of this stuff in BIG LETTERS, so we get your attention so here we go:

WE TRY TO KEEP THE SITE UP AND RUNNING, FREE OF ISSUES, SECURE, AND ACCURATE, BUT WE CAN’T MAKE ANY PROMISES THAT WE WILL SUCCEED. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE.

WE DO OUR BEST TO DESCRIBE EVERY OFFER MADE AS ACCURATELY AS POSSIBLE. HOWEVER, WE ARE HUMAN, AND SO WE DO NOT WARRANT THAT OFFER TERMS AND CONDITIONS, PRODUCT SPECIFICATIONS, PRICING, OR OTHER CONTENT ON THE SERVICE IS COMPLETE, ACCURATE, RELIABLE, CURRENT, OR ERROR-FREE. WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR WITHDRAW OFFERS AND COUPONS AT ANY TIME. IN THE EVENT OF ANY ERRORS RELATING TO THE PRICING OR SPECIFICATIONS OF AN OFFER OR COUPON, LCE OR YOUR LOCAL RESTAURANT MAY REFUSE OR CANCEL ORDERS. IF A PRODUCT YOU PURCHASED IS NOT AS DESCRIBED, TO THE EXTENT PERMITTED BY LOCAL LAWS, YOUR SOLE REMEDY IS TO RETURN THE UNEATEN PRODUCT TO THE RESTAURANT YOU ORDERED IT FROM AND RECEIVE A CREDIT FOR THE PRICE YOU PAID FOR THE ITEM. NOT ALL OFFERS AND SERVICES (E.G., DELIVERY AND DRIVE-THRU) WILL BE AVAILABLE IN ALL AREAS OR STORES AND AVAILABLE QUANTITIES MAY BE LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LCE, ITS AFFILIATES AND THE RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, FRANCHISEES, AGENTS, AND SUPPLIERS (THE “LCE PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, NOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) THE CONDUCT OR CONTENT OF THIRD PARTIES ON OR THROUGH THE SITE; OR (iii) YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT OR USING THE SITE, EVEN IF LCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LCE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AMOUNT EQUAL TO THE GREATER OF (i) THE AMOUNT YOU HAVE PAID LCE UNDER THESE TERMS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); AND (ii) TT$300.

YOU AGREE TO DEFEND (AT A LCE’S REQUEST), INDEMNIFY, AND HOLD HARMLESS THE LCE PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, FINES, PENALTIES, SETTLEMENTS, INTEREST, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE FROM OR ARE RELATED TO (i) YOUR USE OF THE SITE OR ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR (ii) INFORMATION, CONTENT OR MATERIAL TRANSMITTED, POSTED OR USED BY YOU THROUGH THE SITE. YOU WILL COOPERATE AS FULLY REQUIRED BY THE LCE PARTIES IN THE DEFENCE OF ANY SUCH CLAIMS.

8. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this section carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting the local restaurant or us by mail at Little Caesar Enterprises, Inc. (Attn: Customer Support), 2125 Woodward Ave., Detroit, Michigan 48201 United States of America. This Section 8 facilitates the prompt and efficient resolution of any disputes that may arise between you and LCE. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

All Disputes between you and LCE shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you would have otherwise had a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Section 8, “LCE” means LCE and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and LCE regarding, arising out of or relating to any aspect of your relationship with LCE, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section 8 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as LCE’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION 8.

  1. Pre-Arbitration Claim Resolution. For all Disputes, you must first give LCE an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Little Caesar Enterprises, Inc. (Attn: Legal Notices), 2125 Woodward Ave, Detroit, Michigan 48201 United States of America. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If LCE does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
  2. Arbitration Procedures. If this Section 8 applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or LCE may initiate arbitration proceedings. The International Chamber of Commerce (“ICC”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section 8.

    The following shall supplement the rules of the ICC and, in the event of a conflict, shall govern any arbitration:  All arbitration proceedings shall be conducted in the English language.  Each party shall bear its own costs of arbitration; provided, however, that the arbitrator’s fee shall be shared equally by the parties.  The arbitrator shall have no authority to determine class action claims and shall have no authority to amend or modify the terms of this Agreement.  No issue of fact or law determined in the arbitration shall be given preclusive or collateral estoppel effect in any other arbitration, except to the extent such issue arises in another proceeding between the parties. The parties agree to be bound by the award of the arbitrator and the award will be the exclusive remedy between the parties regarding any claims, counterclaims, issues, or accountings presented or pled to the arbitrator; will be promptly paid free of any tax, deduction, or offset; and any costs, fees, or taxes incident to enforcing the award will, to the maximum extent permitted by law, be charged against the party resisting such enforcement.

    • Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    • Location of Arbitration. The location for such arbitration will be in Detroit, Michigan. Each party hereby waives all objection which it may have at any time to the laying of venue of any proceedings brought in such location, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object with respect to such proceedings that any such location does not have jurisdiction over such party.
    • Payment of Arbitration Fees and Costs. LCE will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with LCE as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
    • Class Action Waiver. Except as otherwise provided in this Section 8, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and LCE specifically agree to do so in writing following initiation of the arbitration. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
    • Jury Waiver. You understand and agree that by entering into these Terms you and LCE are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 8, you and LCE might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
    • Severability. If any clause within this Section 8 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 8, and the remainder of this Section 8 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 8 will be unenforceable, and the Dispute will be decided by a court.
    • Continuation. This Section 8 shall survive the termination of your service with LCE or its affiliates. Regardless of any provision in these Terms that says otherwise, we agree that if LCE makes any change to this Section 8 (other than a change to our notice address), you may reject any such change and require LCE to adhere to the present language in this Section 8 if a dispute between us arises.

9. APPLICABLE LAW; INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

LCE prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by LCE, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Michigan state law and applicable United States federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described in Section 8, any disputes relating to these Terms or the Site will be heard in the courts located in Wayne County in the State of Michigan in the United States of America. We want to keep the Site safe, so we may investigate any suspected breaches to the Site or the Terms and we may report anything that might be illegal to law enforcement.

10. WAIVER; SEVERABILITY

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. LCE’s failure to enforce any of these Terms is not a waiver of such term.

11. ASSIGNMENT

LCE may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of LCE. 

12. CONTACT US

All legal notices to us need to be sent to: Little Caesar Enterprises, Inc. (Attn: Legal Notices), 2125 Woodward Ave, Detroit, MI 48201.

We welcome comments and questions and please feel free to contact your local restaurant or us by mail sent to: Little Caesar Enterprises, Inc. (Attn: Customer Support), 2125 Woodward Ave., Detroit, MI 48201. 

13. FEEDBACK

If you send or transmit any communications, comments, questions, information on interest in franchises, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (together, “Feedback”), suggesting or recommending changes to the Site, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where this assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) for no less than seventy years to use and exploit all Feedback as we may determine in our sole discretion. Regardless, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

14. ENTIRE AGREEMENT

These Terms are the entire agreement between you and LCE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and LCE about this Site. You confirm that you have not relied upon, and with the exception of fraud or fraudulent misrepresentation (for which liability and remedies are not restricted or excluded) will have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by us unless that warranty, statement, representation, understanding or undertaking is expressly set out in these Terms.

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