USE OF THIS APPLEBEE'S MOBILE APPLICATION (THE"APPLICATION") CONSTITUTES ACCEPTANCE
TIME AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER") AND APPLEBEE'S INTERNATIONAL,
INC., ITS PARENT, SUBSIDIARIES, AND AFFILIATED ENTITIES ("APPLEBEE'S") GOVERNING
THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER ACKNOWLEDGES
AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER
SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
User Control and Uninstall. You can access and change user settings on the options/settings
menu on your device. Uninstallation methods vary by device. To uninstall this Application,
please use the application manager provided with your device or consult your device
Eligibility. The Application may only be used by individuals aged thirteen (13)
years or older. If the User is thirteen (13) years or older but under the age of
eighteen (18) years, User should review these Terms with User's parent or guardian
to make sure the User and User's parent or guardian understand them.
User License. Subject to these Terms, Applebee's grants the User a personal, non-exclusive,
non-transferable, limited and revocable license to use the Application for personal
use on a mobile device that User owns or controls ("Device"). Any use of the Application
in any other manner, including but not limited to resale, transfer, modification
or distribution of the Application or text, pictures, music, barcodes, video, data,
hyperlinks, displays and other content associated with the Application ("Content")
is prohibited. These Terms and this User License also govern any updates to, or
supplements or replacements for, the Application unless separate terms accompany
such updates, supplements or replacements, in which case the separate terms will
User Information. Some functionality of the Application, and location-based services
and functionality, may require the transmission of information provided by the User
including User names and passwords, addresses, email addresses, birthdays, phone
numbers, and information related to an Applebee's GPS location ("User Information").
If the User uses such Application functionality, the User consents to the transmission
of User Information to Applebee's or its agents and authorizes Applebee's and its
agents to record, process and store such User Information as necessary for the Application
The User is solely responsible for maintenance of the confidentiality and security
of any User Information transmitted from or stored on a Device for purposes of the
Application, whether authorized or unauthorized. The User agrees to immediately
notify Applebee's of any unauthorized transactions associated with the Application,
or any other breach of security. Applebee's is not responsible for any losses arising
out of the loss or theft of User Information transmitted from or stored on a Device
or from unauthorized or fraudulent transactions associated with the Application.
Acceptable Use. Use of the Application and any Content and User Information transmitted
in connection with the Application is limited to the contemplated functionality.
In no event may the Application be used in a manner that: (1) defames, abuses, harasses,
stalks, threatens, or otherwise violates the legal rights of Applebee's or any other
person or entity; (2) is unlawful, fraudulent or deceptive; (3) uses technology
or other means to access Applebee's or Content that is not authorized by Applebee's;
(4) uses or launches any automated system, including but not limited to"robots,""spiders,"
or"offline readers," to access Applebee's or Content; (5) attempts to interrupt,
destroy or limit the functionality of any computer software, hardware or telecommunications
equipment; (6) attempts to gain unauthorized access to Applebee's computer network
or user accounts; (7) encourages conduct that would constitute a criminal offense
or that gives rise to civil liability; (8) violates these Terms; (9) attempts to
disable, impair or impose an unreasonably or disproportionately large load on Applebee's
infrastructure, servers or networks; (10) fails to comply with applicable third
party terms (11) attempts to collect or store personal information about other Users;
(12) restricts or inhibits any other User from using and enjoying the Application;
(13) impersonates any person or entity, including, but not limited to, an Applebee's
representative, or falsely states or otherwise misrepresents an affiliation with
a person or entity; (14) sends or posts spam or other direct marketing communications
or postings; (15) transmits or links to any unsolicited advertising, promotional
materials, or any other forms of solicitation or commercial content; or (16) infringes
any trademark, patent, copyright or other intellectual property right of Applebee's
or any third party (collectively"Acceptable Use").
Applebee's reserves the right, in its sole discretion, to terminate any User License,
remove Content or assert legal action with respect to Content or use of the Application
that Applebee's reasonably believes is or might be in violation of these Terms,
Acceptable Use or Applebee's Policies. Applebee's may take such action without prior
notice and its failure or delay in taking such action does not constitute a waiver
of its rights to enforce these Terms.
Indemnification. User agrees to indemnify, defend and hold Applebee's and all of
its officers, directors, owners, employees, agents, information providers, franchisees,
affiliates, subsidiaries, parents, partners, and licensors (collectively, Applebee's
Parties) harmless from and against any and all liability, losses, costs, and expenses,
including attorneys' fees, incurred by any Applebee's Party in connection with any
claim that arises from User's use or misuse of the Application, violation of these
Terms or violation of any rights of a third party. Applebee's reserves the right
to assume the exclusive defense and control of any matter for which User is required
to indemnify it, and User agrees to cooperate with Applebee's defense of these claims.
DISCLAIMERS. APPLEBEE'S IS PROVIDING THE APPLICATION TO THE USER"AS IS" AND THE
USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE
UNDER APPLICABLE LAW, APPLEBEE'S DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE,
FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE
TO OEPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE
USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION
TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY
OR SECURELY TRANSMITTED.
No Liability. NEITHER APPLEBEE'S NOR ITS FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS
WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WITH RESPECT TO THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION,
THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MAILFUNCTION. THE USER'S
SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF APPLEBEE'S, ITS FRANCHISEES,
AFFILIATES AND BUSINESS PARTNERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
Trademarks, Logos and Copyrighted Material. The use of Applebee's trademarks, service
marks, photographs and logos is prohibited. These items may not be copied, imitated
or used, in whole or in part, without the prior written permission of Applebee's.
The Application and its Content are protected by copyright, trademark, patent, trade
secret, international treaties, laws and other proprietary rights and also may have
security components that protect digital information only as authorized by Applebee's
or the owner of the Content.
Governing Law. Applebee's failure to exercise or enforce any right or provision
of these Terms will not constitute a waiver of such right or provision. The User
agrees that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Application or these Terms must
be filed within one year after such claim or cause of action arose or be forever
barred. These Terms will be construed in accordance with the laws of the State of
Kansas, and the parties irrevocably consent to bring any action to enforce these
Terms before a court of competent jurisdiction in Kansas if seeking interim or preliminary
relief or enforcement of an arbitration award. If any part of these Terms is determined
to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision, and the remainder of the Terms
shall continue in effect.
Changes to These Terms. Applebee's reserves the right to change or modify these
Terms or any other Applebee's policies relating to use of the Application at any
time and at its sole discretion by posting revisions on the Applebee's website at
www.applebees.com. Continued use of the Application following the posting of these
changes or modifications will constitute acceptance of such changes or modifications.
Contact Applebee's. Inquiries, questions, complaints or claims regarding the Application
should be directed to:
Applebee's International, Inc.
8140 Ward Parkway
Kansas City, MO 64114