FIVE GUYS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE downloading, accessing, or using any Five Guys Digital Service.

ACCEPTANCE OF THE TERMS AND CONDITIONS

These Terms and Conditions of Use (“Terms and Conditions”), together with any documents incorporated by reference, are entered into by and between you and Five Guys Enterprises LLC and its parent and affiliated entities (collectively, “Five Guys” "we," “us,” or "our"), which owns, operates, and distributes this website, accessible at the domains: https://www.fiveguys.com/, https://www.order.fiveguys.com, and https://wwww.careers.fiveguys.com/ (each, a “Website” and collectively the “Websites”). These Terms and Conditions are a legal and binding agreement between you and Five Guys.

These Terms and Conditions govern your access to and use of the Websites, as well as with respect to the Five Guys mobile application (the “Mobile App”) (collectively, the “Digital Services”) of Five Guys where these Terms and Conditions are posted, including any programs, content, information, functionality, and services offered on or through the Digital Services. These Terms and Conditions apply to all users, including both users who are simply viewing the Digital Services and users who are placing orders through the Digital Services.

All information we collect through the Digital Services are subject to our Privacy Policy. BY ACCESSING ANY PART OF THE DIGITAL SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”), AND CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO YOUR PERSONAL INFORMATION IN COMPLIANCE WITH THE PRIVACY POLICY. IF YOU ARE NOT SATISFIED WITH THE DIGITAL SERVICES IN ANY WAY OR DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS OR THE TERMS OF THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE ACCESSING AND USING THE DIGITAL SERVICES IN ANY WAY.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Use of the Digital Services is only available only to individuals who are at least 18 years old or, if supervised by an adult or guardian, at least 16 years old. If you are not (i) at least 16 years old and supervised by an adult or guardian, or (ii) at least 18 years old, you are not authorized to use the Digital Services.

We may, in our sole discretion, modify these Terms and Conditions at any time. All modifications are effective immediately when we post them and apply to all access to and use of the Digital Services thereafter. By accessing the Digital Services at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

USE OF THE DIGITAL SERVICES

The Digital Services and all content, information, and other materials featured, displayed, contained, and available on the Digital Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, video clips, the “look and feel,” pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Five Guys and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the laws of the United States and foreign countries. Subject to your compliance with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Digital Services for non-commercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Digital Services or the Materials. Except as expressly provided herein, nothing in this Agreement will be construed to grant any ownership interest, license, or other rights to you by implication, estoppel, or otherwise as to the Digital Services, Materials, Intellectual Property, or other industrial or proprietary rights of Five Guys.

You agree to abide by all additional terms, conditions, and restrictions included within the Digital Services, Materials, and/or the programs, features, and services.

We may at any time, for any reason, and without notice or liability: (i) modify, suspend, or terminate operation of or access to any Digital Service, or any portion thereof; (ii) change, revise, or modify the Digital Services, Materials, or any portion thereof; (iii) interrupt the operation of the Digital Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, updates, or for any other purposes; (iv) impose limits on certain programs, features, and services, or restrict your access to the Digital Services, in whole or in part; or, (v) terminate the authorization, rights, and license given above, upon which you must immediately delete and/or destroy all Materials in your possession.

We will not be liable if for any reason all or any part of the Digital Services or Materials are unavailable at any time or for any period. From time to time, Five Guys may restrict user access to some parts of or to the entire Digital Services or Materials, including for registered users.

You are responsible for both: (i) making all arrangements necessary for you to have access to the Digital Services, Materials, and any portion thereof; and, (ii) ensuring that all persons who access the Digital Services, Materials, or any portion thereof through your internet connection are aware of these Terms and Conditions and comply with them.

ACCESSING THE DIGITAL SERVICES

To access the Digital Services and/or some of the Materials offered, you may be asked to provide certain registration details or other information to us or one of our trusted service providers, who make portions of the Digital Services available to you on our behalf. It is a condition of your use of the Digital Services that all information you provide in connection with the Digital Services is correct, current, and complete. You agree that all information you provide to register with the Digital Services, or any portion thereof, including, but not limited to, through the use of any interactive features of the Digital Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with that Privacy Policy. To the extent you use any of the portions of the Digital Services made available to you on our behalf by our trusted service providers, including our Mobile Application and online ordering platform, your use of such portions of the Digital Services are subject to the Terms and Conditions of Use and Privacy Policies of such service providers. You are encouraged to review the Terms and Conditions of Use and Privacy Policies for our service providers before using any portion of the Digital Services that are not directly provided by Five Guys.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Services, or any portion thereof, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. You are entirely responsible for maintaining the confidentiality of the information you hold for your user name, password, or other information related to your account. You may be held liable for losses incurred by us as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s login without their express written permission. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

PROHIBITED USES

You may use the Digital Services and Materials only in accordance with these Terms and Conditions and all applicable laws, rules, and governmental regulations. You agree not to use the Digital Services or Materials:

to modify, adapt, translate, or reverse engineer any portion of the Digital Services or Materials;
in any way that violates any applicable federal, state, local, or foreign law or governmental regulation (including, without limitation, laws regarding the export of data or software to or from the United States or other countries) or for any fraudulent or malicious purposes, or to solicit any such activity;
to attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or other means;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other solicitation or commercial purposes;
to impersonate or attempt to impersonate Five Guys, a Five Guys employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or,
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Services, or which, as determined by us, may harm Five Guys or users of the Digital Services, or expose them to liability.

Additionally, you agree not to:

use the Digital Services in any manner that could disable, overburden, damage, or impair the Digital Services or interfere with any other party’s use of the Digital Services, including their ability to engage in real time activities of the Digital Services;
use any “deep-link,” “page-scrape,” robot, spider, or other automatic device, program, process, algorithm, methodology, or means to: (i) access, acquire, copy, or monitor any portion of the Digital Services or Materials; (ii) reproduce or circumvent the navigational structure or presentation of the Digital Services or Materials; or, (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Digital Services;
use any manual process to monitor or copy any of the material on the Digital Services, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent;
frame or mirror any portion of feature of the Digital Services, forge headers, or otherwise manipulate identifiers related to the Digital Services or Materials or any portion thereof;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Digital Services;
introduce or transmit any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Services, the server on which the Digital Services is stored, or any server, computer, or database connected to the Digital Services;
attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Five Guys;
otherwise attempt to interfere with the proper working of the Digital Services; or,
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Five Guys, its parents, affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Digital Services, Materials, users, Five Guys, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable laws, rules, or governmental regulations.

SUBMISSIONS

Except for any personally identifiable information Five Guys may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories, and/or other information you communicate or submit to us through the Digital Services, via phone, or otherwise (collectively, “Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media currently in existence or yet to be developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the Digital Services and identify you as the submitting party. We may, without notice to you, refuse Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

Mobile APP

In order to use the Digital Services made available through the “Mobile App,” you must have a compatible mobile device. We do not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS- or Android-powered device, Apple Inc. or Google, Inc., and each of their subsidiaries, shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions against you. However, these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Additionally, you acknowledge and agree that your use of the Mobile App is subject to Five Guys’ Privacy Policy and that your personal information will be shared with our service provider, Olo, Inc. (“Olo”), which provides the Mobile App services on behalf of Five Guys. By downloading, accessing, and using the Mobile App, you are agreeing to Five these Terms and Conditions and our Privacy Policy. You are encouraged to review these Terms and Conditions and our Privacy Policy before using the Mobile App and from time to time while the Mobile App is downloaded and installed on your mobile device so you are aware of any changes or updates to either agreement.

The Mobile 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. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile.

RELIANCE ON Information POSTED

The information presented on or through the Digital Services is made available solely for general informational purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Services, or by anyone who may be informed of any of its contents.

The Digital Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us are solely the opinions and the responsibility of the person or entity providing those materials. The materials do not necessarily reflect the opinion of Five Guys. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Other WebSites and Services

The Digital Services may contain links to other websites that are not under our control, including websites of the franchise or other operators of Five Guys restaurants and social media platforms, such as Facebook, Twitter, Instagram, and Snap Chat. We have no responsibility for the linked websites nor does linking constitute sponsorship or endorsement of, affiliation or association with, or legal authorization to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked website. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Links are provided solely for the convenience and information of the Digital Services’ users.

We shall have no responsibility or liability for any of the linked websites, or the content, policies, or actions thereof. If you choose to purchase any product or services from a linked website (including, without limitation, from a linked website of a franchise operator), your relationship is with that third party. You agree that Five Guys is not responsible for the quality of third-party products or services or for fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to the purchased products or services.

LINKING TO THE DIGITAL SERVICES AND SOCIAL MEDIA FEATURES

You may link to Five Guys’ Digital Services, provided 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 any form of association, approval, or endorsement on our part without our express written consent.

The Digital Services may provide certain social media features that enable you to: (i) link from your own or certain third-party websites or social media platforms to certain content on the Digital Services; (ii) send emails or other communications with certain content, or links to certain content, on the Digital Services; and/or, (iii) cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites or social media platforms.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Digital Services or portions of it to be displayed on, or appear to be displayed by, any other website by, for example, framing, deep linking, or in-line linking; or, (iii) otherwise take any action with respect to the materials on the Digital Services that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Intellectual Property Rights

The Digital Services, Materials, and their entire contents, information, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Digital Services and Materials for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Digital Services, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Digital Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use; and, (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) modify copies of any Materials from this Website; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Digital Services or Materials.

You must not access or use for any commercial purposes any part of the Digital Services or Materials or any services or content, information, features, or functionality available through the Digital Services or Materials. If you wish to make any use of the Digital Services or Materials other than as set out in this section, please address your request to: legalnotices@fiveguys.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Digital Services or Materials in breach of these Terms and Conditions, your right to use the Digital Services and/or Materials will cease immediately and you must, at our option, return, destroy, or otherwise make permanently unreadable any copies of the Digital Services and/or Materials you have made. No right, title, or interest in or to the Digital Services, Materials, or any content, information, features, or functionality contained in either is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Digital Services or Materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

TRADEMARK Rights

The Five Guys® name and all related names, logos, product and service names, designs, slogans, and other source identifying indicia displayed on the Digital Services and Materials (collective, the “Trademarks”) are trademarks of Five Guys Enterprises LLC or its affiliates or licensors. You must not use such Trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Digital Services are the trademarks of their respective owners and are licensed to us with all rights reserved unless otherwise noted. The absence of a trademark notice or legend indicating the registration or ownership by us anywhere in the Digital Services or Materials, including, but not limited to, in images, graphics, headers, footers, and/or text, does not constitute a waiver of our trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the Digital Services or Materials.

We do not permit third parties to use our Trademarks in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the Digital Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Trademarks without our prior express written permission. You are strictly prohibited from using any of the Trademarks except as expressly provided in these Terms and Conditions.

COPYRIGHT INFRINGEMENT

We are a provider of an interactive computer service for purposes of 47 U.S.C. § 230. As such, its liability for others' conduct and information is limited as described therein. Further, we are a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on the Digital Services or Materials infringes upon your copyrights, you may submit a notification to us pursuant to the Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). To provide us notice of an infringement, you must provide a written communication to us at:

Five Guys Enterprises LLC
ATTN: DMCA Infringement Notification
1940 Duke Street
5 th Floor
Alexandria, VA 22314 USA

or send an email with the subject line “DMCA Infringement Notification” to legalnotices@fiveguys.com that includes substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Digital Services and/or Materials, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and, (vii) a statement, under penalty of perjury, that you are, or are authorized to act on behalf of, the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material or an activity on the Digital Services or Materials is infringing your copyright.

ELECTRONIC COMMUNICATIONS

When you visit the Digital Services, use the webform on our “Contact Us” page, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us and/or our service providers electronically. We will communicate with you by e-mail or by posting notices on the Digital Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

When you submit an order using the Digital Services, Five Guys and/or our service providers may send you an email, push, or SMS confirming the details of your order. By submitting an order, you affirmatively agree to receive such SMS, push, or email. We will not charge you for the text messaging, however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan. You must be at least 18 years of age or older to place an order through the Digital Services, or otherwise under the supervision of an adult or guardian.

You are encouraged to review the Terms and Conditions of Use and Privacy Policies for our service providers.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by aﬃrmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message conﬁrming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of diﬀerent spellings or the addition of other words or phrases to the command, and agree that Five Guys and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of Five Guys products or services, job listings, job application status or any other subject matter as described at the point of your opt-in to the Program. Messages may include checkout or incomplete job application reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or contact us using the information in the “ Contact Information ” section below. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is oﬀered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to eﬀective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two- way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for speciﬁc text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under 16 years of age. If you use or engage with the Platform and are between the ages of 16 and 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of 16 years, are between the ages of 16 and 18 and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Alexandria, VA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in eﬀect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Five Guys’ principle place of business is located, without regard to its conﬂict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least ﬁve years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be ﬁnal and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.

Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE DIGITAL SERVICES AND MATERIALS SHALL BE AT YOUR SOLE RISK, AND THAT THE DIGITAL SERVICES, MATERIALS, AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS OR SERVICES PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL SERVICES AND MATERIALS, YOUR USE THEREOF, AND THE PRODUCTS OR SERVICES PURCHASED THEREBY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DIGITAL SERVICES AND THE MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE DIGITAL SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DIGITAL SERVICES’ OR MATERIALS’ CONTENT OR ANY CONTENT ACCESSIBLE VIA THE DIGITAL SERVICES, MATERIALS, OR PRODUCTS OR SERVICES PURCHASED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES, MATERIALS, OR PRODUCTS OR SERVICES PURCHASED THEREBY; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES; AND/OR, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL SERVICES BY ANY THIRD PARTY.

IN NO EVENT SHALL WE, OUR PARENTS, OR AFFILIATES OR ANY OF OUR LICENSORS OR PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE DIGITAL SERVICES, MATERIALS, PROGRAMS, FEATURES, OR SERVICES MADE AVAILABLE THROUGH THE DIGITAL SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Five Guys, its parents, affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, representatives, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Digital Services, including, but not limited to, any use of the Digital Services’ content, services, and products other than expressly authorized in these Terms and Conditions, or your use of any information obtained from the Digital Services.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

take any action with respect to any material posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such material violates these Terms and Conditions, infringes any intellectual property right or other right or any person or entity, threatens the personal safety of our employees, users of the Digital Services or the public, or could create liability for Five Guys;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services; and,
terminate or suspend your access to all or part of the Digital Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone contributing any materials on or through the Digital Services. YOU WAIVE AND HOLD HARMLESS FIVE GUYS AND ITS PARENTS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Please know that we do not undertake to review material before it is posted on the Digital Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

You also agree that any violation, or threatened violation, by you of these Terms and Conditions constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to us. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If we take legal action against you as a result of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Digital Services or Materials, in whole or in part, as a result of any violation of these Terms and Conditions.

Miscellaneous

You agree that the Digital Services shall be deemed a passive service solely based in Virginia and shall not give rise to personal jurisdiction over Five Guys, its parents, affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, representatives, successors, and assigns, either specific or general, in jurisdictions other than Virginia, except as provided in the Privacy Policy. These Terms and Conditions shall be governed by the internal laws of the Commonwealth of Virginia, without regard to its conflict of laws principles, except as provided in the Privacy Policy. Any claim or dispute between you and us that arises in whole or in part from the Digital Services shall be subject to the exclusive jurisdiction of the federal courts of the United States of America, namely the U.S. District Court for the Eastern District of Virginia, Alexandria Division, or the courts of the Commonwealth of Virginia located in Fairfax County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The Digital Services are controlled, operated, and administered by us and/or our service providers from offices within the United States. We may no representation that Materials on the Digital Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Digital Services or export Materials in violation of U.S. export laws and regulations. If you access the Digital Services from locations outside of the United States, you are responsible for compliance with all local laws.

Neither these Terms and Conditions, nor any Materials, programs, features, or services of the Digital Services, create any partnership, joint venture, employment, or other agency relationship between Five Guys and you. You may not enter into any contract on our behalf or bind us in any way.

These Terms and Conditions, together with the Privacy Policy, any other documents or materials incorporated by reference in any of the foregoing, and any other legal notices published by us in connection with the Digital Services, constitute the entire agreement between you and Five Guys concerning the Digital Services and your use thereof.

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Five Guys’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE DIGITAL SERVICES, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION, OR PROCEEDING BY YOU BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Contact Information

Except as described in these Terms and Conditions, the Websites and the Digital Services are operated by Five Guys Enterprises LLC, located at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement policy, described above. All other feedback, comments, requests for technical support, and other communications relating to the Digital Services should be directed to us using the below contact information:

Five Guys Enterprises LLC
1940 Duke Street
5 th Floor
Alexandria, VA 22314 USA
Email: legalnotices@fiveguys.com

These Terms and Conditions were last modified as of July 27, 2023.