Terms of Use

TERMS OF USE

Last Updated: January 23, 2024

The Terms of Use apply to your access to, and use of, any JBR Franchise Co d/b/a Jeff’s Bagel Run (“JBR” “we” or “us”) website (the “Website”), mobile application (the “App”), online services or programs, or other services, tools or programs where these Terms of Use are posted, linked or incorporated by reference (collectively and individually, the “JBR Online Services”). These Terms of Use are a legal and binding agreement between you and JBR and, as applicable, its subsidiaries or affiliates (collectively, “Affiliates”). Your use of any of the JBR Online Services signifies that you agree to these Terms of Use provided by JBR Franchise Co and its Affiliates (collectively, “JBR,” “we” or “us”). If you do not agree with these Terms of Use, or are dissatisfied with the contents of the JBR Online Services, you agree that your sole and exclusive remedy is to stop using the JBR Online Services.

JBR operates JBR Online Services; however, all of our restaurant locations are owned and operated by independent franchisees (“Franchisees”). These terms are inapplicable to any orders placed in-person at any Franchisee location, to your experience at any such Franchisee location or with any separate websites, or services offered by a Franchisee. Each Franchisee is solely and independently responsible for its legal and regulatory compliance and any issues related to the sale of products in its locations and services provided to its customers. 

We reserve the right, in our sole discretion, to change these Terms of Use at any time. If changes are made, we will post them here. We encourage you to review these Terms of Use periodically for changes. Your continued use of the JBR Online Services will signify your acceptance of the then-current version of these Terms of Use. These Terms do not alter the terms of any other agreement that you may have with us.

AGE RESTRICTION

The JBR Online Services are not intended for use by anyone under the age of 13; however, some of the JBR Online Services may require that you are 18 years of age or older (or the age of majority in your jurisdiction if higher than 18). If you do not meet the foregoing requirements, parental or guardian consent and agreement to these Terms of Use is required. By using the JBR Online Services, you represent and warrant that you are 13 years of age or older (or the age required to utilize the applicable JBR Online Services) or have obtained appropriate parental or guardian consent to utilize the JBR Online Services.

JBR’S OWNERSHIP OF INTELLECTUAL PROPERTY

The JBR Online Services and all content and materials on the JBR Online Services– including without limitation, its look and feel, all photographs, text, artwork, images, page headers, button icons, digital downloads, data compilations, software, trademarks and logos, product names and descriptions, audio and visual effects, and audio and video clips – are owned by or licensed to JBR. You may view and use content and materials on the JBR Online Services only for your own personal, noncommercial use. All other rights are reserved to JBR and its licensors. You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on the JBR Online Services for any commercial purpose or produce derivative works from them.

CONTENT AND MATERIALS POSTED BY YOU AND OTHERS

By participating in any contest, promotion, or other program sponsored by JBR, you authorize JBR and the administrators of its contests, promotions, and programs to post content and materials that you provide – including without limitation photographs, text, artwork, trademarks and logos, audio and visual effects, and audio and video clips – on the JBR Online Services and JBR’s social media pages; you grant JBR a perpetual, royalty-free license to use such content and materials, and you acknowledge, agree, and warrant that:

PRIVACY POLICY

By submitting personal information to JBR on or through the JBR Online Services, you acknowledge and agree that JBR will use it according to JBR’s Privacy Policy. As a condition of using the JBR Online Services, you agree to review our Privacy Policy, available by clicking here. You should review the Privacy Policy carefully before using the JBR Online Services because it governs our treatment of information about you. The Privacy Policy is hereby incorporated and made part of these Terms of Use.

MOBILE APP

In order to use the JBR Online Services made available through the App you must have a compatible mobile device. JBR does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, you acknowledge and agree to the following: (i) Apple, Inc. or Google, Inc. (each, a “Third-Party Beneficiary”), as applicable, shall be a third-party beneficiary to these Terms of Use and have the right to enforce these Terms of Use against you; (ii) the Third-Party Beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the App; (iii) your access to the App is subject to the usage terms set forth in the terms of service of the applicable Third-Party Beneficiary; (iv) the Third-Party Beneficiaries are not responsible for addressing any claims by you or any other third party related to the App to include, without limitation claims related to: (a) product liability; (b) violation of law or regulation; or (c) infringement.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. We reserve the right, in our sole discretion, to change reduce or remove features or functionality available in prior versions as part of the updates and/or new versions and you acknowledge our right to do the same.


ONLINE ACCOUNTS

In order to take advantage of certain services made available through the JBR Online Services, you may be required to have a valid user account. To the extent you register or create a user account for any of the JBR Online Services, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. JBR shall not be liable for any loss or damage arising form your failure to comply with these obligations.

OTHER SITES

The JBR Online Services may have links to third-party websites, applications or content or services (“Third Party Content”) and such Third Party Content may have its own terms of use, privacy policies, and practices that differ from ours, including our merchandise store, which is managed by a third party. Please review the terms of use and privacy policies of those websites or applications before you choose to use them. It is your responsibility to determine when you are accessing Third Party Content. We do not control, endorse or adopt any Third Party Content, nor are we responsible for the terms of use, privacy policies, and practices of other sites. You acknowledge and agree that JBR is not responsible or liable in any manner for Third Party Content.

Please be aware that when you use other social media platforms accessed from the JBR Online Services you must comply with their terms of use and privacy policies.

DELIVERY SERVICES

Delivery may be available at participating JBR restaurant locations through select third-party delivery service providers (each, a “Delivery Platform”) identified on the Website or in the App. By placing an order through any of the Delivery Platforms, you acknowledge and agree that (i) you are placing the order with such Delivery Platform and not with JBR or, if such restaurant location is operated by a Franchisee, with such Franchisee; (ii) the Delivery Platform is the provider of the delivery services; (iii) JBR and the Franchisee (if applicable) shall have no responsibility or liability for the acts or omissions of the Delivery Platform or its personnel; and (iv) orders placed through a Delivery Platform are subject to the Delivery Provider’s terms and conditions, if any.

COPYRIGHT NOTICE

In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on the JBR Online Services. If you believe in good faith that any content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.

1) A full and complete identification of the copyrighted work you claim was infringed.

2) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material, such as a link to the infringing material.

3) Your name, address, email and telephone number.

4) Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

5) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement in connection with the JBR Online Services should be emailed or mailed, at your choice, to:

JBR Franchise Co 

4190 Millenia Blvd.

Orlando, FL 32839

Attn: Legal Department

Phone: (407) 213-1337

Email: support@jeffsbagelrun.com

We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. If we receive a valid counter-notice, we may reinstate the disabled or removed material in accordance with the DMCA. Further DMCA details and resources are available at https://www.digitalgov.gov/resources/digital-millennium-copyright-act/.

FEEDBACK

With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to JBR about or in connection with using the JBR Online Services or purchasing our products, you agree that: JBR has no obligation to consider or act upon any Feedback, the Feedback is not confidential, and JBR has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.

RESTRICTIONS ON USE, DISCLAIMERS, AND LIABILITY LIMITS

If you use any feature of the JBR Online Services, you agree that:

  • You will provide current and accurate information as requested for such use;
  • You will not impersonate any other person;
  • You will not stalk, bully, abuse, harass, threaten, or intimidate any other user of the JBR Online Services;
  • You will not to use the JBR Online Services for any illegal purpose; and
  • You will review and comply with notices sent by us concerning the JBR Online Services and its operation.

You also agree that (i) any violation, or threatened violation, by you of these Terms of Use will cause irreparable and unquantifiable harm to JBR ; (ii) monetary damages would be inadequate for such harm; (iii) you consent to JBR obtaining any injunctive or equitable relief that we deem necessary or appropriate, in addition to any other remedies we may have at law or in equity; (iv) if we take legal action against you for a violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all costs and expenses related to such action, including reasonable attorneys’ fees as well as any relief granted related thereto; and (v) JBR will not be liable to you or any third party for terminating your access to the JBR Online Services as a result of any violation of these Terms of Use.

JBR has the right to change, discontinue, or limit access to any content, product, service, feature or functionality of the JBR Online Services at any time, in its sole discretion, without any liability to you.

JBR makes all reasonable efforts to provide accurate information on the JBR Online Services, but we assume no responsibility for the accuracy of the JBR Online Services content, including without limitation any typographical errors or omissions. To the fullest extent permitted by applicable law, YOUR USE OF THE JBR ONLINE SERVICES AND ANY OF ITS FEATURES IS AT YOUR EXCLUSIVE RISK. All material on the JBR Online Services is provided “as is” and does not constitute a warranty of any kind, either express or implied. JBR disclaims all warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from any course of dealing or trade practice.

JBR DOES NOT WARRANT THAT USE OF THE JBR ONLINE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. JBR is not liable for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of the JBR Online Services, your inability to use the JBR Online Services, data loss, or any purchases through the JBR Online Services.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless JBR  and its Affiliates, and each of their officers, directors, employees, independent contractors, Franchisees and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with the JBR Online Services.

JURISDICTION AND CHOICE OF LAW

These Terms of Use and all claims or issues regarding the JBR Online Services are governed by the laws of the United States and the State of Florida. Any legal action concerning these Terms of Use or the JBR Online Services must be brought solely and exclusively in the State of Florida, in the state or federal courts located in Orange County.

ENTIRE AGREEMENT; SEVERABILITY

These Terms of Use, together with the Privacy Policy and any other applicable terms of the JBR Online Services constitute the entire agreement between you and JBR related to the subject matter hereof and supersede all previous written or oral agreements. If any provision of these Terms of Use is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible, and all other provisions of the Terms of Use will remain in full force and effect.

HOW TO CONTACT US

If you have any questions regarding these Terms of Use, you may contact us by mail at JBR Franchise Co, 4190 Millenia Blvd., Orlando, FL 32839, Attn: Legal Department.