TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE
LAST UPDATED OCTOBER 21, 2014
OUR USE OF USER GENERATED CONTENT GENERALLY
By sending, posting, uploading or storing messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on or through the Web Sites ("User Content"), you represent to us that you are at least 18 years of age, and you grant Whataburger and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Whataburger that you grant herein. Whataburger claims no ownership or control over any User Content, except as otherwise provided herein, on the Web Sites or in a separate agreement. By posting or uploading User Content, you hereby release Whataburger and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
SPECIAL TERMS APPLICABLE TO OUR USE OF YOUR POSTS, TWEETS AND OTHER SOCIAL MEDIA COMMUNICATIONS
By allowing us to use your post or tweet, you are agreeing to the following terms and conditions. Please read them carefully and only give us permission to use your post or tweet if you agree with them. You represent to us that you are at least 18 years of age. By giving us permission to use your post or tweet, you agree that we may, at our discretion, use your real or social media user name and the content of your post or tweet (including all accompanying images) on our Web Sites to promote our company, products and services for such time period as we wish. You give us the right to edit your post or tweet for brevity, clarity and the like and to modify any image in any manner we deem necessary to use it on our Web Sites. You will not have the advance right to review or approve what we post on our Web Sites. You represent to us that you have all rights needed to grant this permission to us. For example, if an image you included with your post depicts persons other than yourself, the other people in the image must have given you unrestricted permission to allow us to post the image on our Web Sites. You will not receive any compensation for granting us the above rights. We agree that you may withdraw the permission you have given us at any time by sending us an email at firstname.lastname@example.org. We will remove your post or tweet (including accompanying images) reasonably promptly after receiving your email.
RESTRICTIONS ON USE
The Web Sites and all content, information and other materials contained, displayed and available in any Web Site (the “Content”) are owned by or licensed to Whataburger and are protected by law. All Content is made available only to provide information. Subject to your compliance with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to access, view, use, display and download the Web Sites and such Content for your own personal, noncommercial purposes only. 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 Web Sites or such Content, without first obtaining permission in writing from Whataburger.
You agree to use the Web Sites and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. You agree not to:
- modify, adapt, translate or reverse engineer any portion of the Web Sites or the Content;
- use the Web Sites or any Content, features or services for any unlawful, fraudulent or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems or networks through hacking, password mining or any other means;
- use the Web Sites or any feature in any way that could disrupt, damage, disable, overburden or impair it or its systems, servers or networks;
- frame or mirror any portion or feature of the Web Sites;
- use the Web Sites or any feature for advertisements, chain letters, spamming, junk mail, solicitations or any other commercial purposes;
- use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy or monitor any portion of the Web Sites or the Content; (2) reproduce or circumvent the navigational structure or presentation of the Web Sites or the Content; (3) obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web Sites;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites or with any other person’s use or enjoyment of the Web Sites;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Whataburger;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content, material or information of any kind, or any content, material or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy or other proprietary rights of Whataburger 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 Web Sites, the Content, users, us, our brand or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
The Web Sites are controlled from offices within the United States of America. Whataburger makes no representations that the Web Sites or the Content are appropriate, suitable or available for use in any other location outside the United States. Access to the Web Sites from territories where their contents are illegal is prohibited. If you use the Web Sites from a location outside the United States, you are solely responsible for complying with all applicable local laws.
WEB SITE DISCLAIMER AND LIMITATION OF LIABILITY
THE WEB SITES AND THEIR CONTENTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. WHATABURGER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT THIS SITE OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.
WHATABURGER IS NOT LIABLE FOR ANY DAMAGES, INJURIES, COSTS OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF THE WEB SITES, INCLUDING YOUR RELIANCE UPON THE INFORMATION CONTAINED IN THE WEB SITES. FURTHERMORE, WHATABURGER AND ITS AFFILIATED ENTITIES ARE NOT LIABLE FOR ANY DAMAGES, INJURIES, COSTS OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THE WEB SITES AND THE CONTENT CONTAINED ON THE WEB SITES, INCLUDING ANY PERFORMANCE FAILURE, ERROR, OMISSION, TRANSMISSION DELAY, LINE FAILURE OR VIRUS AFFECTING THE WEB SITES. IF YOU ARE DISSATISFIED WITH THE WEB SITES, OR ANY OF THE CONTENT, OR REFUSE TO ABIDE BY THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, WHATABURGER’S LIABILITY TO YOU IN RESPECT OF THE WEBSITE AND/OR CONTENT SHALL BE LIMITED, IN ALL INSTANCES, TO AN AMOUNT NOT TO EXCEED $100. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
RIGHT TO CHANGE
Whataburger reserves the right to change, modify, suspend or discontinue the Web Sites, including all Content therein and any products and services featured on the Web Sites, or any portion thereof, at any time for any reason and without notice or liability. Products and services featured on the Web Sites may not be available in your area and are primarily available only in the continental United States and, at this time and to a limited extent, in parts of Mexico.
LINKS AND THIRD PARTY WEB SITES
You may not create links (hyper-links) to the Web Sites without first obtaining permission in writing from Whataburger. If you choose to access third party web sites that are linked to or from our Web Sites, then you acknowledge that you do so at your own risk and that Whataburger will not be responsible or liable to you for any damages, injuries, costs or expenses related to or arising from such access. Whataburger does not control such web sites and has not taken any steps to confirm the accuracy or reliability of any of the information contained in web sites which link to or from any Whataburger Web Sites. Whataburger does not endorse, makes no claim or representation regarding, and accepts no responsibility for the quality or accuracy of content in third-party sites that choose to link to Whataburger’s Web Sites. Third party web sites are not governed by Whataburger terms and policies, so you should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from our Web Sites.
TRADEMARK AND COPYRIGHT NOTICES
When reasonably practicable or necessary, Whataburger will use the normal ™, SM or ® subscripts to indicate that a word or design mark is protected by trademark laws. Such characters may or may not appear correctly in some computer systems and browsers. The absence of such subscripts or the improper representation of such subscripts does not mean that Whataburger does not claim or acknowledge trademark or other intellectual property rights to a specific name or logo. Unless and until Whataburger specifically informs you in writing to the contrary, you should presume that all trademarks shown on the Web Sites are trademarks controlled or used by Whataburger and that trademark laws protect them. When reasonably practicable or necessary, Whataburger will designate the owner of non-Whataburger trademarks. The following is a partial list of word marks controlled and used by Whataburger: “Breakfast On A Bun,” “Justaburger,” “Thick & Hearty Burger,” “Whataburger Jr.,” “Whatacatch,” “Whatachick’n,” “Whatameal,” “Whataburger” (referring to the company and/or the actual product), “Just Like You Like It” and “Whatastore.” The following is a partial list of the primary design marks controlled and used by Whataburger: The flying W and the Whataburger logo channel letters. The Web Sites, the Content and the trademarks, logos, service marks and all other source identifying indicia displayed on the Web Sites (collectively, “Whataburger Intellectual Property”) are owned and copyrighted by or licensed to Whataburger with all rights reserved unless otherwise noted. Nothing contained on the Web Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use Whataburger Intellectual Property without prior express written permission. You are strictly prohibited from using any Whataburger Intellectual Property except as expressly provided in these Terms and Conditions or as otherwise specifically approved in writing from Whataburger. Whataburger will enforce intellectual property rights to the fullest extent of the law.
INTELLECTUAL PROPERTY POLICY
It is Whataburger’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed on or through the Web Sites, then please send us a written notice that complies with the DMCA. You may send your notice to: Whataburger Restaurants LLC, Attention: General Counsel, 300 Concord Plaza Drive, San Antonio, Texas 78216. You must provide information in your notice that is reasonably sufficient to permit us to contact you (preferably including your e-mail address).
SUBMISSION OF IDEAS
Any questions, ideas, comments, suggestions, feedback, plans, drawings, slogans, pictures, audio, video, creative materials or information about Whataburger, our Web Sites or our products that you send to Whataburger through the Web Sites, by mail, by Internet e-mail or by any other method (collectively, “Submissions”), will be the property of Whataburger and Whataburger will have exclusive ownership of all present and future existing rights, including intellectual property rights, to such Submissions of every kind and nature everywhere. Whataburger will have no duty to preserve or return Submissions to you. Submissions are not confidential or proprietary, and Whataburger may use Submissions for any purpose whatsoever now and in the future without any obligation to obtain your permission or to compensate you in any way. Please do not send any Submissions to Whataburger if you want to own or claim any rights to the Submissions. Whataburger will not incur any liability as a result of any similarities that may appear in future Whataburger operations.
The potential employment positions listed on this Web Site include opportunities with restaurant locations owned and operated by Whataburger (“Company Stores”) as well as restaurant locations owned and operated by Whataburger franchisees (“Franchise Stores”). The positions in Whataburger’s Company Stores may be subject to different terms and conditions, including, but not limited to, benefits and employment policies, than those positions in Franchise Stores. Whataburger does not control, direct or influence the terms and conditions of employment with Franchise Stores. Likewise, Whataburger accepts no responsibility or liability with respect to the terms and conditions of employment with Franchise Stores.
Specific information about the terms and conditions of employment associated with a particular position will be set forth upon hire. Postings on this Web Site do not represent an offer of employment. Any offer of employment must be made in writing by an authorized representative of Whataburger or of a Whataburger franchisee in accordance with Whataburger’s or the Whataburger franchisee's hiring policies and procedures. Nothing contained on this Web Site alters the employment at will relationship between Whataburger or a Whataburger Franchisee and its respective employees.
The Web Sites may provide nutrition information. Percent Daily Values are based on a 2,000-calorie diet. Your daily values may be higher or lower depending on your calorie needs. Nutrient contributions from individual components may not equal the total due to federal rounding regulations. Weight for standard product is expressed as an approximate weight after cooking or “as served.” Soft drink serving size reflects the amount of liquid in the beverage cup. A beverage cup will be filled 2/3 full with ice; however, tea will be filled full with ice.
Nutrition formulations and ingredient information is based on standard product formulations obtained by our suppliers and/or third party laboratory analysis. Variations in nutritional content may occur due to changes in seasons, differences in suppliers, recipe revisions and product assembly at the restaurants. Changes to our ingredients may occur without notice resulting in changes to nutritional statements. The information disclosed in ingredient statements may not identify all ingredients and may use comprehensive terms that may not sufficiently inform a person of the presence of a foodstuff that may produce an allergic reaction. Federal law has identified the eight major food allergens as: eggs, fish, milk, peanuts, shellfish, soy, tree nuts and wheat. For your convenience, menu items which contain these major allergens are identified by a corresponding allergen icon on our online menu at www.whataburger.com/food. Gluten and MSG are two other common sensitivities which are disclosed on our online menu. While a particular menu item may not feature one of these allergens, our products may be prepared using equipment that is shared with products containing one or more of these allergens and it is possible for your menu item to come into contact with an allergen. Whataburger, its franchisees and their respective employees do not assume liability for a particular allergy or sensitivity to any food provided in our restaurants. No menu item is certified as gluten-free, vegetarian or vegan. We encourage any individual with food allergies or sensitivities to consult their physician before choosing which Whataburger menu item fits their needs. For most up to date information, please visit www.whataburger.com or call 1-800-6-BURGER. A representative from Whataburger will gladly help answer any questions you may have.
CHOICE OF LAW AND JURISDICTION
Your access to and use of the Web Sites and these Terms and Conditions, and your purchase of products through the Web Sites, are governed by the laws of the State of Texas and the United States of America, without regard to conflict of law rules or principles. Any legal action or proceeding relating to your access to, or use of, the Web Sites or these Terms and Conditions shall be instituted only in a state or federal court located in San Antonio, Texas. You and Whataburger agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You agree to indemnify, defend and hold harmless Whataburger, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Web Sites using your Internet account.
VIOLATION AND REMEDIES
You agree that Whataburger may, in its sole discretion and without prior notice, block and/or terminate your access to the Web Sites if we determine that you have violated these Terms and Conditions. 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 Whataburger. 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 Whataburger takes 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 reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Whataburger. You agree that Whataburger will not be liable to you or to any third party for termination of your access to the Web Sites as a result of any violation of these Terms and Conditions.
TERMS OF PURCHASE
Refer to the “Whataburger FAQs” page of the WHATASTORE® section of our Web Sites for additional details regarding purchases of products from the Web Sites. By placing an order for products through the Web Sites, you agree to by bound by and accept the information accessible at the “Whataburger FAQs” page at the time of such order, as well as the following terms:
- All prices are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens;
- If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges;
- We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Web Sites are accurate, complete, current or error-free. If a product is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Web Sites, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund;
- WHATABURGER WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, WHATABURGER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE WEB SITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; and
- Whataburger products may be returned or exchanged in accordance with the policies described on the Web Sites. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM WHATABURGER RELATING TO THE PRODUCTS YOU PURCHASE. WHATABURGER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY WHATABURGER "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
Whataburger’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties, nor any trade practice, shall act to modify any of these Terms and Conditions. Whataburger may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
If you have questions about these Terms and Conditions, please write or call us at:
300 Concord Plaza Dr.
San Antonio, TX 78216