Terms and Conditions
Updated as of December 29, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
These Terms and Conditions are a legal agreement between you and
Schlotzsky’s (as defined below) and govern your use of any website
(each a “Site” and collectively the “Sites”) or mobile application
(each an “App” and collectively, the “Apps”) owned or operated by
Schlotzsky’s Franchisor SPV LLC or any of its affiliates or
subsidiaries (collectively, “Schlotzsky’s”) or operated on behalf of
Schlotzsky’s, and the content on such Sites and Apps, and the services
available through such Sites or Apps (each a “Service” and
collectively, the “Services”).
AGREEMENT TO TERMS AND CONDITIONS BY USER
By using the Sites, Apps, and Services, you acknowledge and accept without
limitation or qualification, these terms, conditions, and notices (“Terms
and Conditions”), the terms and conditions for each Site, App, and/or
User Generated Terms and Conditions
of which is incorporated herein by reference.
Schlotzsky’s reserves the right to change these Terms and Conditions at any
time and in its sole discretion. The modified Terms and Conditions will be
effective immediately upon posting and you agree to the new posted Terms
and Conditions by continuing your use of the Sites, Apps, and Services. It
is your responsibility to check periodically for any changes we may make to
these Terms and Conditions.
Each time you use the Sites, Apps, and Services, you reaffirm your
acceptance of the then-current Terms and Conditions. If you do not wish to
be bound by these Terms and Conditions, your only remedy is to discontinue
using the Sites, Apps, and Services. By using the Sites, Apps, and
Services, you also accept that any prior agreements between you and
Schlotzsky’s regarding your use of the Sites, Apps, and Services are hereby
LINKS TO THIRD PARTY SITES
The Sites and Apps may contain links to other websites and mobile
applications ("Linked Sites"). The Linked Sites are not under the control
of Schlotzsky’s, and Schlotzsky’s is not responsible for the contents of
any Linked Site, including, without limitation, any link contained in a
Linked Site, or any changes or updates to a Linked Site. Schlotzsky’s is
not responsible for webcasting or any other form of transmission received
from any Linked Site. Schlotzsky’s is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by
Schlotzsky’s of the Linked Site or any association with its operators.
RESTRICTIONS ON USE
You should assume that everything you see or read on the Sites and Apps is
copyrighted unless otherwise noted, and may not be used except as provided
in these Terms and Conditions.
Material from the Sites and Apps may not be copied, distributed,
republished, modified, uploaded, incorporated, posted, or transmitted in
any way without the prior written consent of Schlotzsky’s, except that you
may print, display, or download content from the Sites and Apps for your
personal, non-commercial use only, provided you do not delete or change any
copyright, trademark, or other proprietary notices. The material on the
Sites and Apps is provided for lawful purposes only. No intellectual
property rights are licensed or transferred to you through your use of the
Sites, Apps, and Services, but remain with Schlotzsky’s, who owns full and
complete title to all intellectual property in connection with the Sites,
Apps, and Services. You may not resell, decompile, reverse engineer,
disassemble, or otherwise convert the Sites or Apps and any content
Linking, or any other manner of incorporating the whole or parts of the
Sites and Apps, including the framing of Sites and Apps by sites or site
elements controlled by third parties, is strictly prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, Apps, and Services, you warrant to
Schlotzsky’s that you will not use the Sites, Apps, and Services for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Sites, Apps, and Services in any manner which
could damage, disable, overburden, or impair the Sites, Apps, or Services
or interfere with any other party's use and enjoyment of the Sites, Apps,
or Services. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided
for through the Sites, Apps, and Services.
You need not register with Schlotzsky’s to simply visit and view the Sites
and use many of the Services available on the Sites. However, Schlotzsky’s
may from time to time require you to register for an account in order to
access certain password-restricted areas of the Sites and Apps and to use
certain Services and materials offered on and through the Sites and Apps.
Schlotzsky’s shall have the right to approve or reject any requested
account, in Schlotzsky’s discretion. If your account is approved, you will
be permitted to log in to the applicable Site, App, or Service using the
password you select. You may not permit anyone other than yourself to use
your username or password to gain access to the Site, App, or Service. You
will take reasonable steps to maintain the privacy of your username and
password and to prevent unauthorized access to or disclosure of your
username and password. You are responsible for all activities that occur
using your username and password
COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
The Sites and Apps may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate
with Schlotzsky’s, the public at large, or within a group (collectively,
"Communication Services"). As used in these Terms and Conditions, the term
Services shall include Communication Services. You agree to use the
Communication Services only to post, send, and receive messages and
material that are proper and related to the particular Communication
All remarks, suggestions, ideas, graphics, discussions, chats, postings,
transmissions, bulletin boards, or other information communicated to
Schlotzsky’s through the Sites and Apps, via the Communication Services or
otherwise (each, a "Submission"), will forever be the property of
Schlotzsky’s , except as otherwise expressly stated by Schlotzsky’s in
connection with a specific Submission. Schlotzsky’s will treat any
Submission as nonproprietary and non-confidential. By posting, uploading,
inputting, providing, or submitting your Submission you acknowledge that
you and not Schlotzsky’s have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright. You further warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide,
post, upload, input, or submit the Submissions. Except as otherwise
expressly stated by Schlotzsky’s in connection with a specific Submission,
anything you transmit or post becomes the property of Schlotzsky’s and may
be used for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Schlotzsky’s is under no obligation to post or use any
Submission you may provide and may, in Schlotzsky’s sole discretion, remove
any Submission at any time, for any reason, without notice to you.
Schlotzsky’s may from time to time monitor Submissions on the Sites, Apps
and Communication Services; however, Schlotzsky’s is under no obligation to
do so. Schlotzsky’s assumes no responsibility or liability arising from the
content of any such Submissions, nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the Sites
or Apps, including in Submissions. You are strictly prohibited from posting
or transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law. Schlotzsky’s will fully cooperate with any law enforcement authorities
or court order requesting or directing Schlotzsky’s to disclose the
identity of anyone posting any such information or materials.
When using the Sites, Apps, and/or Services and/or making a Submission, you
agree to abide by common standards of decency and act in accordance with
the law. By way of example and not limitation, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material, or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity),
unless you own or control the rights thereto or have received all
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of the
Sites, Apps, or Services, or another's computer.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Site, App, or Service specifically allows
Conduct or forward surveys, contests, pyramid schemes, or chain
Download any file posted by another user of a Site, App, or Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper
notices, or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Sites,
Apps, Services, or any part thereof.
Violate any code of conduct or other guidelines which may be applicable
for any particular Site, App, or Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Schlotzsky’s has no obligation to monitor, police, or remove any
Submissions. However, Schlotzsky’s reserves the right in its sole
discretion to review Submissions and to remove any materials at any time,
for any reason, without notice to you. Schlotzsky’s reserves the right to
terminate your access to any or all of the Sites, Apps, or Services at any
time without notice for any reason whatsoever.
Schlotzsky’s reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process, or
governmental request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, in Schlotzsky’s sole
Always use caution when giving out any personally identifying information
about yourself or your children on or through the Sites, Apps, or Services.
Schlotzsky’s does not control or endorse the content, messages, or
information found in any Communication Service. Therefore, Schlotzsky’s
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Schlotzsky’s
spokespersons, and their views do not necessarily reflect those of
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction, and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
USER GENERATED CONTENT
Any content you post to our Sites, Apps, or social networking pages (“User
Generated Content”), may be available to all Users, and we cannot prevent
such content from being used in a manner that violates these Terms and
Conditions, the law, or your personal privacy. We may review such User
Generated Content, remove it, or combine such User Generated Content with
other information we have collected about you and use it as described in
User Generated Content Terms and Conditions
Schlotzsky’s and its employees do not consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved
products, product enhancements, processes, materials, marketing plans, or
new product names. Please do not submit any unsolicited ideas, original
creative artwork, suggestions, or other works (collectively, “Idea
Submissions”) in any form to Schlotzsky’s or any of its employees. The
chief purpose of this policy is to avoid potential misunderstandings or
disputes when Schlotzsky’s products or marketing strategies might seem
similar to ideas submitted to Schlotzsky’s. If, despite this request, you
still send in Idea Submissions, the following terms shall apply to your
You agree that: (1) your Idea Submission(s) and their contents will
automatically become the property of Schlotzsky’s , without any
compensation to you; (2) Schlotzsky’s may use or redistribute the Idea
Submission(s) and their contents for any purpose and in any way; (3) there
is no obligation for Schlotzsky’s to review or use Idea Submission(s); and
(4) there is no obligation to keep any Idea Submission(s) confidential.
Schlotzsky’s welcomes your feedback regarding many areas of our business.
If you want to send us your feedback, and we hope you do, we simply request
that you email it to us at email@example.com.
Please provide only specific feedback on Schlotzsky’s existing products or
marketing strategies. Any feedback you provide at this site shall be deemed
to be non-confidential. Schlotzsky’s shall be free to use such information
on an unrestricted basis.
Except as described otherwise, all materials in the Sites, Apps, and
Services are made available only to provide information about Schlotzsky’s
or Schlotzsky’s affiliate or subsidiary. Schlotzsky’s, or its designee,
controls and operates the Sites, Apps, and Services from its headquarters
in Atlanta, Georgia, United States of America and makes no representation
that these materials are appropriate or available for use in other
locations. If you use the Sites, Apps, and Services from other locations
you are responsible for compliance with applicable local laws.
DISCLAIMER/RESTRICTION OF LIABIILTY
Schlotzsky’s will not be liable for any damages or injury caused by the
Sites, Apps and Services, including but not limited to, any failure of
performance, error, omission, interruption, defect, delay in operation of
transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHLOTZSKY’S AND/OR ITS
SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE,
DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR
TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES,
APPS, AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITES, APPS, AND
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY
ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
OBTAINED THROUGH THE SITES, APPS, AND SERVICES, OR OTHERWISE ARISING OUT OF
THE USE OF THE SITES, APPS, AND SERVICES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SCHLOTZSKY’S OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, APPS, AND
SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, APPS, AND SERVICES.
SCHLOTZSKY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF
ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR
OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE
SITES, APPS, OR SERVICES.
The material, software, products, and Services in the Sites and Apps, or
available through the Sites and Apps, may include technical inaccuracies or
typographical errors. Schlotzsky’s is not responsible if information made
available on the Sites and Apps is not accurate, complete, or current. The
material on the Sites and Apps is provided for general information only and
should not be relied upon or used as the sole basis for making significant
decisions without consulting primary or more accurate, more complete or
timelier sources of information. Any reliance on the material on the Sites
and Apps is at your own risk. The Sites and Apps may contain certain
historical information. Historical information necessarily is not current
and is provided for your reference only. Schlotzsky’s may make changes or
improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
SCHLOTZSKY’S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED
ON THE SITES OR APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
SCHLOTZSKY’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
SCHLOTZSKY’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SCHLOTZSKY’S NEITHER WARRANTS NOR REPRESENTS YOUR USE
OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS
OF THIRD PARTIES. SCHLOTZSKY’S DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCHLOTZSKY’S
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE
RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
SCHLOTZSKY’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Sites and Apps contain downloadable materials as well as links to
external websites. Schlotzsky’s is not responsible for, and has no control
over, the content of such downloadable materials or external websites. The
inclusion of any link to such websites does not imply endorsement by
Schlotzsky’s of the websites. You understand that Schlotzsky’s cannot and
does not guarantee or warrant that files or software of any kind, or from
any source, available for downloading through the Sites and Apps, will be
free of infection or viruses, worms, Trojan Horses, or other code or
defects that manifest contaminating or destructive properties.
Schlotzsky’s and its employees do not accept or consider unsolicited
solicitations for employment. To be considered for a posted job
opportunity, you must submit an application for a posted position.
Schlotzsky’s is an equal opportunity employer committed to a diverse
workforce. Schlotzsky’s independent franchisees each hire their own
employees and establish their own terms and conditions of employment, which
may differ from those described.
You agree to indemnify, defend and hold harmless Schlotzsky’s and its
affiliates, and their officers, directors, employees, contractors, agents,
licensors, and suppliers, from and against any and all losses, liabilities,
expenses, damages, and costs, including reasonable attorneys’ fees and
court costs, arising or resulting from any violation of these Terms and
Conditions. If you cause a technical disruption of the Sites, Apps,
Services or the systems transmitting the Sites, Apps, and Services to you
or others, you agree to be responsible for any and all losses, liabilities,
expenses, damages, and costs, including reasonable attorneys’ fees and
court costs, arising or resulting from that disruption.
Schlotzsky’s or you may terminate this agreement at any time. You may
terminate this agreement by destroying: (a) all materials obtained from all
Schlotzsky’s Sites and Apps, and (b) all related documentation and all
copies and installations (together, the "Materials"). Schlotzsky’s reserves
the right, in its sole discretion, to terminate this agreement, including
your access to the Sites, Apps, and Services or any portion thereof
immediately and for any reason without notice to you. Upon termination, you
must destroy all Materials.
These Terms and Conditions will be governed and be interpreted pursuant to
the laws of the State of Georgia, United States of America, notwithstanding
any principles of conflicts of law, and you hereby consent to the exclusive
jurisdiction and venue of courts in Georgia in all disputes arising out of
or relating to the use of the Sites, Apps, and Services. Use of the Sites,
Apps, and Services is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Schlotzsky’s as a
result of these Terms and Conditions or use of the Sites, Apps and/or
Services. Schlotzsky’s performance of this Terms and Conditions is subject
to existing laws and legal process, and nothing contained in this Terms and
Conditions is in derogation of Schlotzsky’s right to comply with
governmental, court, and law enforcement requests or requirements relating
to your use of the Sites, Apps, and Services or information provided to or
gathered by Schlotzsky’s with respect to such use. If any part of these
Terms and Conditions is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of these Terms and Conditions shall continue in effect.
Unless otherwise specified herein or agreed to by you, these Terms and
Conditions, together with all other policies, guidelines, agreements, terms
and conditions referenced herein, constitute the entire agreement between
you and Schlotzsky’s with respect to the Sites, Apps, and Services. A
printed version of these Terms and Conditions and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms and Conditions to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Schlotzsky’s products and Services are available in many parts of the
world. However, the Sites and Apps may describe products and Services that
are not available worldwide.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by Schlotzsky’s unless otherwise
stated. All other third-party trademarks used on the Sites and Apps are the
property of their respective owners and used under license by Schlotzsky’s.
Any rights not expressly granted herein are reserved.
All contents of the Sites and Apps are copyrighted by Schlotzsky’s. All
Schlotzsky’s respects the intellectual property rights of others, and we
ask you to do the same. Schlotzsky’s may, in appropriate circumstances and
at our discretion, terminate service and/or access to and use of the Sites,
Apps and Services for users who infringe the intellectual property rights
of others. If you believe that your work is the subject of copyright
infringement and/or trademark infringement and appears on any Site or App,
please provide Schlotzsky’s designated agent the following information:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to
have been infringed, or, if multiple works at a single online site are
covered by a single notification, a representative list of such works
at that site.
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled at the Site or App, and information
reasonably sufficient to permit Schlotzsky’s to locate the material.
Information reasonably sufficient to permit Schlotzsky’s to contact you
as the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which you may be contacted.
A statement that you have a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright and/or
trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Schlotzsky’s designated agent for notice of claims of copyright or
trademark infringement can be reached as follows:
5620 Glenridge Drive NE
Atlanta, GA 30342
Please also note that for copyright infringements under Section 512(f) of
the Copyright Act, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”)
We will notify you that we have removed or disabled access to
copyright-protected material that you provided, if such removal is pursuant
to a valid DMCA take-down notice that we have received. If you receive such
notice from us, you may provide us with a counter-notification in writing
to Schlotzsky’s designated agent that includes all of the following
Your physical or electronic signature;
Identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a
good-faith belief that the material was removed or disabled as a result
of a mistake or misidentification of the material to be removed or
Your name, physical address and telephone number, and a statement that
you consent to the jurisdiction of a court for the judicial district in
which your physical address is located, or if your physical address is
outside of the United States, for any judicial district in which
Schlotzsky’s may be located, and that you will accept service of
process from the person who provided notification of allegedly
infringing material or an agent of such person.
Termination of Repeat Infringers
Schlotzsky’s reserves the right, in its sole discretion, to terminate the
account or access of any user of our Sites, Apps, and/or Services who is
the subject of repeated DMCA or other infringement notifications.
Portions of the Schlotzsky’s website are licensed under U.S. Patent No.
Please direct all inquiries related to these Terms and Conditions to:
Schlotzsky’s Stores LLC
ATTN: GENERAL COUNSEL
5620 Glenridge Drive NE
Atlanta, GA 30342