Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) apply to the use of freebirds.com and any other World Wide Web site (the “Sites”) owned, operated, licensed, or controlled by Azul Restaurants, LLC any of its related, affiliated, or subsidiary companies (“Freebirds”, “we”, “us,” or “our”) or any services, programs, applications or offerings on the Sites (the “Services”). It forms a binding agreement between you and Freebirds.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By visiting or using the Sites, you agree to these Terms. If you do not agree, you should not use the Sites or the Services.

CHANGES

We reserve the right to modify these Terms or the Sites or Services at any time at our sole discretion. By continuing to use the Sites or Services after such changes are made, you agree to such changes in the Terms or Sites and Services.

ADDITIONAL TERMS

Certain Services, such as mobile applications, loyalty programs, and gift cards, on the Sites, may be subject to additional terms and conditions (“Additional Terms”). You agree to such Additional Terms if you use such Services. In the event of any conflict between the Additional Terms and these Terms, the Additional Terms will control.

RESTRICTIONS ON USE

Material on the Sites and Services may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Freebirds EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Freebirds’ intellectual property rights.

The material in the Sites is provided for lawful purposes only. If you download software from our Sites, the software, including all files or images contained in or generated by the software and accompanying data are deemed to be licensed to you by Freebirds on a non-exclusive, including as set forth in any applicable Terms. Neither title nor intellectual property rights are transferred to you but remain with Freebirds, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software.

LIMITATION OF LIABILITY

Freebirds will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Freebirds will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in the Sites or any Services offered through the Sites, even if there is negligence or Freebirds or an authorized company representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Freebirds’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access the Sites or Services.

SUBMISSION OF IDEAS

Freebirds values customer feedback. However, Freebirds will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other Freebirds’ promotions or initiatives developed by Freebirds’ professional staff might seem to others similar to their own creative work.

If, despite this request, you send us feedback, comments suggestions, or ideas (“Submissions”), the Submissions shall be deemed to have been submitted voluntarily and shall remain the property of Freebirds. Subject only to the limitations set forth in Freebirds’ Privacy Policy, Freebirds shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your Submission for any purpose whatsoever (including, without limitation, in the development, manufacture, and marketing of products and services based on or incorporating ideas, know-how, and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. Freebirds shall assume no duty of confidentiality, express or implied, with respect to any Submission and will have no liability for the use or disclosure of your Submission. Accordingly, Freebirds will have no obligation to treat your Submission as confidential or to compensate you or anyone else for your Submission or any use of your Submission by Freebirds or others.

MOBILE MESSAGING TERMS

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase. The frequency of such text messages will vary.

You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive from us.

Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at guestrelations@sunholdings.net immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

We may suspend or terminate this program or the sending of automated marketing messages at any time in our sole discretion.

 USE IN THE UNITED STATES

The Sites and Services are intended only for use in the United States. Freebirds controls and operates the Sites and Services from its headquarters in Dallas, Texas and makes no representation that the Sites or Services are appropriate or available for use in other locations. If you use the Sites or Services outside of the United States from other locations, you are responsible for compliance with applicable local laws. Some software from the Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list; or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

YOUR USE OF THE SITES AND SERVICES

You may use the Sites and Services only for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Sites and Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Sites and Services; (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party (as determined by Freebirds in its sole discretion); (e) to transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (f) to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or Services; (g) to “frame” or “mirror” any portion of the Sites or Services; (h) to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or Services or scrape any content, material, or data on the Sites or Services; (i) to harvest or collect information about or from other users of the Sites or Services; or (j) to probe, scan, or test the vulnerability of the Site, App, or Services, nor breach the security or authentication measures on the Site, App, or Services, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, App, or Services, such as a denial of service attack;

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FREEBIRDS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SITES OR SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

CHOICE OF LAW AND DISPUTE RESOLUTION

We are available by email at legal@freebirds.com to address any concerns you may have regarding your use of the Sites or any Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

In the event the parties are unable to resolve the dispute, they agree that the exclusive jurisdiction for any dispute arising out of these Terms, the Sites, or the Services shall be a court of competent jurisdiction located in Dallas, Texas. You consent to the personal jurisdiction of such courts and waive any objection to such jurisdiction based on inconvenient forum.

DISCLAIMER

The Sites and Services, and any materials offered thereon, could include technical inaccuracies or typographical errors. Freebirds may make changes or improvements at any time. THE SITES, SERVICES, AND ANY MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FREEBIRDS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FREEBIRDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES, SERVICES, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, SERVICES, OR THE SERVERS THAT MAKE THEM  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREEBIRDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITES, SERVICES, OR MATERIALS ON  THE SITES OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU (AND NOT FREEBIRDS) ASSUME THE ENTIRE RISK OF USING THE SITES, SERVICES, AND MATERIALS, AND THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

THIRD-PARTY LINKS AND MATERIALS

This Sites  and Services may contain links to third-party websites, sites, or downloadable materials (“Third-Party Services”). Freebirds is not responsible for, and has no control over, the content of such Third-Party Services and Freebirds cannot and does not guarantee or warrant that files or software of any kind, or from any Third-Party Services, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties. You use the Third-Party Services at your sole risk.

CAREER OPPORTUNITIES

Freebirds is an equal opportunity employer committed to a diverse workforce. Freebirds franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

PRIVACY

We may collect certain personal information from you if you use our Sites or Services. Such personal information will be subject to our privacy policy.

TERMINATION

Freebirds or you may terminate the Terms or your access or use of the Sites and Services at any time. Freebirds may terminate the Terms and your  access and use of the Sites and Services immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and related documentation.   The sections entitled Choice of Law and Dispute Resolution, Indemnification, Limitation of Liability, Disclaimer and Miscellaneous and any restrictions relating to use of Freebirds intellectual property and any claims that arise prior to termination shall survive termination.

MISCELLANEOUS

These Terms will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Sites for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Sites. Freebirds can revise these Terms and Conditions at any time by updating this posting. The Sites may be linked to other sites that are not maintained by Freebirds. Freebirds is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Freebirds of the sites.

TRADEMARK AND COPYRIGHT INFORMATION

The following trademarks used herein are owned by Azul Restaurants, LLC.: Freebirds, Freebirds World Burrito, It’s Not Normal, You Rock We Roll and Freebirds backwards stylized circle F. Unauthorized use is strictly prohibited.  The content, artwork, and materials on the Sites and Services are also protected by US and other copyright laws, and may not reproduced, modified, transmitted, distributed, performed or displayed without the express written consent of Freebirds, except for the limited non-exclusive personal use permitted under these Terms.

FREEBIRDS CUSTOMER E-MAIL CENTER TERMS AND CONDITIONS

Hours of Service for Freebirds Customer E-mail Center: Monday through Friday, 9:00 am to 5:00 pm Central Time.

MISCELLANEOUS

These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Freebirds. If any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected. These Terms are between you and Freebirds. There are no third-party beneficiaries. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.