Popeyes Terms of Service

Terms of Service

Last Updated: Nov 27th, 2024

Effective immediately for new users, effective January 11th, 2025 for existing users

These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, digital in-restaurant kiosk, gift cards, Popeyes Rewards, or other online service or platform of Restaurant Brands International, Inc., or any of its companies, including without limitation the FIREHOUSE SUBS®, BURGER KING®, TIM HORTONS®, and POPEYES® restaurant brands (collectively, “RBI”), that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services or the restaurant you ultimately visit, as well as our interactions with you on third party platforms.

1. BINDING AGREEMENT

PLEASE READ THE TERMS CAREFULLY. It is a binding legal document that explains your rights and obligations. Section 13 includes an agreement that you and RBI will resolve any disputes between us in binding, individual arbitration, and not in court. This means you and RBI are giving up the right to go to court, to have a dispute decided by a jury, and to participate in class action lawsuits against each other. Arbitration often is a faster way to resolve disputes fairly than litigating in court. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

TO ENTER INTO THE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. The person accepting the Terms represents that he or she is an adult. If you are not an adult, you must have your parent or guardian accept the Terms.

Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. A person must be 13 years or older to use the Services. As the adult who accepts the Terms, you agree to be responsible for the use of the Services by your minor children, including any purchases made by them using the Services, whether or not you authorized or had advance knowledge of those purchases.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 14), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 15), PLEASE READ THEM CAREFULLY.

2. PRIVACY

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

3. REGISTRATION AND SECURITY

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible formaintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. RBI has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify RBI of any unauthorized use of your password or username or any other breach of security.

4. PROHIBITED CONTENT AND ACTIVITIES

You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:

Impersonate any person or entity, or misrepresent your credentials or any information you provide;

Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;

Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses, without the express consent of such users;

Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;

Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;

Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;

Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;

Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);

Use another’s information, account, or password, except as expressly permitted;

Take any action that imposes an unreasonable load on our network or infrastructure;

Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;

For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or

Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

5. INTELLECTUAL PROPERTY

All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “RBI Content”) is the property of RBI. You may use the Services and print copies of RBI Content only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.

Copyright and Other Intellectual Property Rights. RBI Content is protected under the copyright laws of the United States, Canada, and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by RBI or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the RBI Content.

Trade and Service Marks.You acknowledge and agree that all RBI logos and marks as well as other proprietary materials depicted in connection with the Services and the RBI Content are the property of RBI and may not be used commercially without the prior written consent of RBI. Marks used in connection with POPEYES® restaurants, including without limitation, POPEYES, POPEYES LOUISIANA KITCHEN, and LOVE THAT CHICKEN, are owned by Popeyes Louisiana Kitchen, Inc. and may not be used without its written consent.

Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; your name, address, telephone number, and email address, so that we may contact you if necessary; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

RBI’s designated agent for notice of claims of copyright is:

Restaurant Brands International US Services LLC

Attn: Legal (DMCA Copyright Infringement)

5707 Blue Lagoon Drive

Miami, Florida 33126

Email: copyrightdmca@whopper.com

Embedding Content.The Services may allow you to embed RBI Content into other web pages. All use of embedded RBI Content must be for non-commercial purposes only and may be disabled by RBI at any time and for any reason.

6. SOCIAL MEDIA INTEGRATION

The Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third-party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

7. USER SUBMISSIONS

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:

Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;

Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;

Violates any person or entity’s right to privacy or publicity;

Contains advertising or a solicitation of any kind;

Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;

Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;

Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;

Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;

Violates any applicable law or advocates illegal activity.

Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.

If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

No person under the age of 13 may provide any User Content to us. A person who is under the age of majority in your jurisdiction of residence, but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

8. LINKS AND THIRD-PARTY CONTENT

The Services may contain links to other websites or online services that are not under the control of RBI. Such links do not constitute an endorsement by RBI of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that RBI assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by RBI.

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

9. GIFTCARDS

RBI may allow you to purchase a stored value card through the Services. Your purchase and use of a Gift Card is subject to the applicable Gift Card Terms & Conditions and is accepted at select participating restaurants.

10. MOBILE PAYMENT AND MOBILE ORDERING

You may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from any RBI brand restaurant at or prior to arrival at the participating restaurant location (“Mobile Ordering”) in the same manner as is possible with a Digital Gift Card (“Mobile Payment”). Mobile Payment is subject to the applicable Gift Card Terms & Conditions, as listed above, and is accepted at select participating restaurants. RBI reserves the right at any time to discontinue Mobile Ordering or Mobile Payment, or to change the location of restaurants or markets offering or participating in Mobile Ordering or accepting Mobile Payment at any time.

11. TERMINATION

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. RBI is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and RBI reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Otherwise, applicable sections of these Terms shall survive termination. RBI also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the RBI Content.

12. GOVERNING LAW

These Terms are governed by the laws of the United States and the State of Florida, without giving effect to their principles of conflicts of law. To the fullest extent allowed by applicable law, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.

13. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

Most issues can be resolved quickly and amicably by contacting the Popeyes customer support at https://www.popeyes.com/support. We encourage you to contact customer support before following the procedures specified in this Section 13.

For purposes of this Section 13 (Dispute Resolution, Arbitration, and Class Action Waiver), the term “RBI” or “we” shall include RBI and its subsidiaries, affiliates, and their respective shareholders, directors, officers, agents, employees, predecessors in interest, successors, and assigns. Except where prohibited by applicable law, which may include the Province of Quebec (to the extent applicable), the following terms apply to all legal disputes between you and RBI.

You and RBI agree to arbitrate all “Disputes” between us.“Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either of us seeks legal recourse for, including the validity, enforceability, applicability, scope, or meaning of this agreement to arbitrate or any portion of it, and including claims that arose before this or any prior agreement or that arise after the termination of the Terms. The term Dispute will be given the broadest possible meaning permitted by law.In Disputes involving minors, where the minors’ parent(s) or guardian(s) have accepted these Terms of Service, claims asserted by the minor(s) and by the minors’ or minors’ parent(s) or guardian(s) are subject to this agreement to arbitrate.

Only the following Disputes are exempt from the arbitration requirement: (1) complaints you wish to make to a government agency; (2) small claims court actions (as discussed below); (3) claims related to intellectual property infringement; (4) claims related to the enforceability of the requirement that arbitrations must be conducted on an individual basis only; (5) disagreements over the satisfaction of the Informal Resolution requirement described below as a prerequisite to arbitrating; and (6) actions to compel arbitration or to uphold or enforce any prior arbitration decision.Further, you or RBI may seek an injunction in court on an individual (non-class) basis to preserve the status quo between us for the entire period until we resolve the Dispute in arbitration.

Informal Resolution

If you have a Dispute against us, or if we have a Dispute against you, you and we will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute—and any other correspondence required by this agreement—to the following address for RBI: Restaurant Brands International US Services LLC, Attn: Legal, 5707 Blue Lagoon Drive, Miami, Florida 33126.

We will send any Notice of Dispute to the email address and/or any physical address you have provided us.

The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow us (or you, in the case of a dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice to reimburse the other party for any arbitration fees and costs already incurred.

We hope you’ll try Informal Resolution first, and you must do so before commencingan arbitration, but you don’t have to before going to small-claims court.

Small Claims Court

You and we agree that disputes that qualify for smallclaims court in either the county where you live,or the United States, may be brought as individual actions only in such small-claims courts.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND RBI AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN SMALL CLAIMS COURT. Any Dispute brought in small claims court must remain in such court and may not be removed or appealed to a court of general jurisdiction and may advance only on an individual (non-class, non-representative basis).

Binding Individual Arbitration

You and we agree that Disputes not resolved through Informal Resolution will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “NAM Rules”), as modified by these Terms, unless you reside in a country where NAM is not available to arbitrate the Dispute, in which case the arbitration will be conducted by the American Arbitration Association (“AAA”), https://www.adr.org. For disputes that must be arbitrated by AAA, the then-current version of the AAA’s Consumer Arbitration Rules will apply.This agreement to arbitrate affects interstate commerce, and the enforceability of this agreement will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances do we consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

“Arbitration” means that Disputes between us will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to us as a court could, but only to satisfy your or our individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and we will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Arbitration Procedure and Location

You or we may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with NAM in accordance with the NAM Rules (or with AAA in accordance with the AAA Rules if you reside in a location where NAM is not available to arbitrate the dispute).Instructions for filing a Demand for Arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550.Instructions for filing a Demand for Arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any Demand for Arbitration to RBI at the address specified above.We will send any Demand for Arbitration to the email address and to any physical address you have provided us.

The arbitration will be conducted by a single arbitrator. You and we both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Miami-Dade County, Florida, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or us to satisfy one of our Individual claims (that the arbitrator determines are supported by credible relevant evidence).

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Notice and Filing

To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extentpermitted by applicable law, you and we will not have the right to assert the Dispute.

Consumer Arbitration Fees

The terms of this section only apply to you if you are a Consumer, and only to disputes that are not Coordinated Cases.

If you start an arbitration against us, you will pay the filing fee required for consumer arbitrations. In some situations, we will help you with the fees related to an arbitration you initiate against us to (hopefully) get us to a resolution quickly and fairly:

If the Dispute involves a claim of damages of USD $5,000 or less, including any attorneys’ fees and all other relief you are seeking, we will pay all of the arbitration costs, including the fees you otherwise would have been required to pay.
Even if the Dispute involves a claim of damages of more than USD $5,000, we may still help you with your fees: if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, we will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
For purposes of calculating damages under this paragraph and determining our obligation to pay the claimants’ share of fees, the amounts sought in claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated.

If we start an arbitration against you, we will pay all filing fees.

Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

Special Procedures for Coordinated Filings

If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases” and the arbitration provider will treat them as such, including with respect to its fee schedule for mass arbitration filings. We will pay only our share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for all claimants once they have provided compliant Notices of Dispute to us but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.

Once all Notices of Dispute have been provided to us for Coordinated Cases, counsel for claimants and counsel for us shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether trials.If counsel for claimants and for us do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall each select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against us, resolution of your personal claim might be delayed by this bellwether process.Failure by a party or the arbitration provider to comply with this bellwether process, such as by filing or allowing the filing of arbitration demands for Coordinated Cases other than those selected to proceed as bellwethers, is an issue to be decided by a court, which may enjoin actions inconsistent with the bellwether process.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants and us agree), the parties must engage in a single mediation of all remaining cases, with each side paying half the applicable mediation fee. Counsel for claimants and for us must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants and for us cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants and for us will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings. Their cases may be filed only in the state courts in Miami-Dade County, Florida, or if federal jurisdiction exists, in the United States District Court for the Southern District of Florida, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation In Effect

The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and us.

Future Terms Changes

Although we may revise these dispute resolution terms in our discretion, we do not have the right to alter this agreement or the arbitration rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures materially less favorable to the claimant.Whether changed procedures are less favorable to the claimant is an issue to be decided by the arbitrator, and if multiple claimants are proceeding in Coordinated Cases, the applicability of revised terms to the Coordinated Cases will be decided by the arbitration provider as a process matter.

Class Action Waiver

To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), you and we will only bring disputes, claims, or controversies between us in an individual capacity and shall not:

seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.

Severability

If all or any provision of this Section 13 is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

Your 30-Day Right to Opt Out

You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to the address for RBI specified above.Your notice must include your name, mailing address, email address associated with your account with us (if applicable), and, if you placed an order using the Services but do not have an account, the following information, as applicable: the email address and phone numberused to place your order, anddelivery address, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to disputes with you.

14. DISCLAIMER OF WARRANTIES

ALL OF THE PROVISIONS OF THIS PARAGRAPH APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY RBI. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. RBI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR RBI CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF RBI SHALL CREATE ANY WARRANTY OR CONDITION.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY

ALL OF THE PROVISIONS OF THIS PARAGRAPH APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:

NONE OF RBI, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RBI CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF RBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN RBI’S LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

16. INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and defend RBI, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of RBI. These obligations will survive any termination of these Terms.

17. INTEGRATION, SEVERABILITY AND WAIVER

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between RBI and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

18. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19. CONTACT INFORMATION

Please direct any questions, complaints, or comments related to the Services to privacy@rbi.com.

20. OPT-OUT INSTRUCTIONS

If you no longer wish to participate in the Popeyes Rewards Program, click HERE to request deletion of your account and data. You may also submit your request to RBI’s Privacy Officer at privacy@rbi.com. Currently, opting out of the Popeyes Rewards Program will require deletion of your account.

Historical Terms - March 6th 2024

Last Updated: March 6th 2024.

Effective immediately for new users, effective April 30th, 2024 for existing users

1. BINDING AGREEMENT

Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

2. PRIVACY

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

3. REGISTRATION AND SECURITY

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. RBI has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify RBI of any unauthorized use of your password or username or any other breach of security.