By accessing, browsing, or otherwise using the Site (including, where the applicable Site is a mobile app, by downloading), or by signing up for or using any Subway® Group promotions, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms. If you do not agree to these Terms, do not use the Site.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision set forth below in Section 17. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms require you to arbitrate disputes with us rather than resolve disputes through a jury trial or class action. By accessing, or using the Site, you agree to give up, and you hereby waive, any rights to participate in a class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms or the Site.
While we operate the Site, we are not responsible for the operation of Subway® restaurants. Instead, Subway® restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of products to you, and for any employment related matters pertaining to the restaurant.
Except where prohibited by applicable law (which, for consumers, may include the province of Quebec), we reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site.
- Collection of Information
- Permitted Use of the Site; Use Restrictions
- Accounts and Payment
- Product Information
- Career Opportunities
- Content You Provide
- Copyright Policy
- Site Changes and Availability
- DISCLAIMER OF WARRANTIES
- LIMIT ON LIABILITY
- Third-Party Websites
- Linking to the Site
- Supplemental Terms for Mobile Apps
- Governing Law
- ARBITRATION AGREEMENT, CLASS WAIVER, AND WAIVER OF TRIAL BY JURY
- Entire Agreement; Interpretation
- Contact Us
- English Language
1. Collection of Information
Subway® and the Subway® logo are registered trademarks and service marks owned and registered by Subway IP LLC, a member of the Subway® Group. The display of these and other marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of the trademarks and service marks owned by the Subway® Group (or to which it or its licensees have rights). The Site may also contain or refer to various third-party names, trademarks, and service marks, as well as third-party copyrighted materials, which are the property of their respective owners.
Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of the Subway® Group or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by the Subway® Group to you under any patent, copyright, trademark, trade secret, or other intellectual property right of the Subway® Group and all such rights are reserved and retained by the Subway® Group. Without limiting the foregoing, these Terms do not grant you any licenses or other rights in or to the trademarks or service marks of the Subway® Group or any third party.
Copyright © 2022 Subway IP LLC. All rights reserved.
3. Permitted Use of the Site; Use Restrictions
The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.
You represent and warrant that: you will perform under these Terms in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You will NOT, and you will NOT allow any third party to:
- Use the Site in a manner other than as expressly permitted by these Terms;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms, including for any commercial purpose;
- Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
- Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof with any other computer code, programs, materials, or services;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Site or any part thereof;
- Use the Site, including, without limitation, any Site content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
- Commit fraud or falsify information in connection with your use of the Site;
- Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled in the Site;
- Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
- Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
- Harvest or otherwise collect or store personal information about other users of the Site, including, for example, email addresses, without the express consent of such users;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
- Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent.
4. Accounts and Payment
All orders and purchases made through the Site, where available, are subject to the Order Terms. Information about our collection and use of payment-related information is described in our Privacy Statement.
5. Product Information
6. Career Opportunities
Opportunities posted with respect to a Subway® restaurant are for job opportunities with that restaurant directly and are not with the Subway® Group or any corporate offices. The restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment-related matters in its business. We do not receive a copy of any application you submit to a restaurant. Subway® restaurants are independently owned and operated. Subway® restaurant franchise owners are the exclusive employer of their team members and, as such, are solely responsible for all employment matters in their restaurants. We do not control whether you receive an interview or are hired. We do not control any franchisees’ employment policies and practices. We do not employ, and are not the employer of, any franchisee. If you are hired by a Subway® restaurant, only the franchisee operating that restaurant, and not us, will be your employer.
8. Content You Provide
You agree you alone are, and will remain, responsible for any and all User-Generated Content you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by the Subway® Group. By providing User-Generated Content, you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms.
Concerning any User-Generated Content that you provide, and in addition to the use restrictions above in these Terms, you will NOT: transmit or provide any information or written, graphic, photographic, or other material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, indecent, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful, or racially, ethnically or otherwise objectionable; harm, or threaten to harm, minors in any way; nor stalk or harass, threaten, or violate the rights of others.
If you provide User-Generated Content, you agree to grant and you hereby grant the Subway® Group a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, adopt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, in whole or in part, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Site users and the public and for the Subway® Group’s own business purposes (including without limitation aggregation and analytics and the marketing and development of products and services), without any compensation or notice to you. Notwithstanding the foregoing, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.
Except where prohibited by applicable law (which, for consumers, may include the province of Quebec), we reserve the right but we are not obligated to do any or all of the following, at any time and for any reason: investigate an allegation that any User-Generated Content does not conform to these Terms and determine in our sole discretion to remove or request the removal of any User-Generated Content; edit, remove, or delete any User-Generated Content; terminate a user's access to the Site or ability to provide User-Generated Content; and monitor, review, prescreen, edit, redact, modify, reorganize, recategorize, or disclose any User-Generated Content.
By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us, any Site user, or any third party infringes or violates your or any person’s intellectual property rights (including, without limitation, copyright), rights of privacy, rights of publicity, or other rights, and you waive any and all moral rights in or to the User-Generated Content.
User-Generated Content may be subject to additional terms as posted on the Site from time to time, such as those applicable to a particular contest or promotion. To the extent any provision of this section conflicts with any provision of those additional terms with respect to User-Generated Content, the applicable additional terms will control.
It is the Subway® Group’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider us, we are unable to review any ideas you may submit. Your submission of any such materials does not in any way require us to review or consider those materials. You further agree that the Subway® Group and its designees may create or develop ideas, products, designs, concepts or other materials or include, incorporate, or rely on ideas that may be or appear similar or identical to an idea that you may have considered or submitted. You hereby waive any and all past, present, and future claims that any ideas, products, designs, concepts or other materials used by the Subway® Group or its designees infringes or otherwise violates your intellectual property rights.
9. Copyright Policy
If you think any copyrights you own or control are being infringed by anything on the Site, please submit a written notice to our designated agent that contains the information listed below. Your notice must meet the then-current requirements implemented by the DMCA, the Copyright Act, or other laws, as applicable.
Contact information for our designated agent for notice of claims of copyright infringement is:
Franchise World Headquarters, LLC
1 Corporate Drive, Suite 1000, Shelton, CT 06484
If you are located in the United States:
Your notice must contain:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must contain:
- Your name and address, and any other particulars prescribed by regulation that enable communication with the claimant that we may advise you from time to time;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
- A statement describing your interest or right with respect to the copyright in the work or other subject matter;
- Identification of the location of material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a link to the allegedly infringing material);
- Description of the infringement that is claimed;
- A statement specifying the date and time of the alleged infringement; and
- Any other information that may be prescribed by regulation that we may advise you of from time to time.
- An offer to settle the claimed infringement;
- A request or demand relating to the claimed infringement for payment or for personal information;
- A reference, including by way of hyperlink, to such an offer, request, or demand; or
- Any other information that may be prescribed by regulation that we may advise you of from time-to-time (together, “Prohibited Content”).
10. Site Changes and Availability
11. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE SITE) IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED (EVEN IF WE ARE AWARE OF THEM).
WHILE WE MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE SUBWAY® BRAND AND OUR PRODUCTS ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS CURRENT OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. THE SUBWAY® GROUP DOES NOT REPRESENT OR WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. THE SUBWAY® GROUP DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES THE SUBWAY® GROUP WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. THE SUBWAY® GROUP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. YOU ASSUME ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION WITH PRODUCTS PURCHASED FROM THE SUBWAY® GROUP.
WE DO NOT WARRANT OR ENDORSE, NOR ARE WE RESPONSIBLE OR LIABLE FOR, ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
12. LIMIT ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SUBWAY® GROUP, ITS MEMBERS, OR THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “SUBWAY® GROUP PARTIES”) HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO OR BE INCURRED BY YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, OR USE OF MONEY, OR ANY LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION), WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE IN ANY WAY, YOUR USE OR INABILITY TO ACCESS OR USE THE SITE, THE INPUT AND COLLECTION OF PERSONAL AND OTHER INFORMATION THROUGH THE SITE, OR THE RESULTS OF USE OF THE SITE (INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF OR RELIANCE ON RESOURCES PRESENTED ON SITE CONTENT, ANY WEBSITES OR APPLICATIONS LINKED TO BY THE SITE, ANY MATERIAL ON SUCH WEBSITES OR APPLICATIONS, ANY USE OF ANY IDEA, OR ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE, YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE, OR APPLICATIONS LINKED TO THE SITE.
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SUBWAY® GROUP PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $10, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Third-Party Websites and Applications
15. Linking to the Site
16. Supplemental Terms for Mobile Apps
You are responsible for any telecommunications and data charges and rates incurred as a result of using the Site.
From time to time, the Site may send you messages via push notifications, including transactional or promotional communications and system messages. You may opt out of push notifications if and to the extent permitted by the Site settings or your device settings.
You will promptly download and install, or cause your device to automatically download and install, any and all available Site updates issued by us. You consent to receive updates or upgrades to the mobile app automatically without providing further consent each time. The mobile app (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the mobile app description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Statement. We are not responsible if an update or upgrade affects how the mobile app works if this is caused by your own device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling the mobile app or by contacting Guest Care: Guest Care (United States) or Guest Care (Canada). Any failure to use the latest version of the Site may result in the Site not operating properly.
These Terms do not modify any agreement between you and the applicable mobile application marketplace, for example, Google Play and Apple’s App Store (each, an “App Marketplace”). You understand that these Terms are entered into between you and the Subway® Group and not between you and any App Marketplace. You further understand that solely the Subway® Group, and not any App Marketplace, is responsible for the Site, including its content, and for addressing any claims (yours or a third party’s) relating to the Site or your use of the Site. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Site.
The applicable App Marketplace(s) and their respective affiliates are third-party beneficiaries of these Terms. Accordingly, the applicable App Marketplace has the right to enforce these Terms against you.
17. Governing Law
If you are located in the Province of Quebec, Canada, these Terms and access to and use of the Site are governed by the laws of the Province of Quebec, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the laws of Canada.
If you are located elsewhere in Canada, these Terms and access to and use of the Site are governed by the laws of the Province of Ontario, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the laws of Canada.
The United Nations Convention for the International Sale of Goods does not apply.
18. ARBITRATION AGREEMENT, CLASS WAIVER, AND WAIVER OF TRIAL BY JURY
If you are located in the United States:
Initial Dispute Resolution
Before submitting a claim for arbitration in accordance with the provisions set forth in this Section 17, you and we agree to try, for thirty (30) days, to resolve any Dispute (defined below, under “Agreement to Binding Arbitration”) informally, upon giving written notice to the other party that identifies the specific violation alleged, any and all facts related to the alleged violation, and the specific monetary or other relief, if any, sought by the party. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this arbitration agreement and a requirement that must be fulfilled before commencing any arbitration.
You and we further agree that any disagreements regarding compliance with this “Initial Dispute Resolution” provision shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this provision, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process set forth in this provision is complete. You and we acknowledge that either party’s failure to comply with the “Initial Dispute Resolution” provisions would irreparably harm the other, and you and we agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this provision is complete.
Agreement to Binding Arbitration
You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Site or these Terms (including the breach hereof) or for any promotions offered by the Subway® Group, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. If you are a California resident, requests for public injunctive relief, if any, shall be decided by a court, not an arbitrator, and that request for public injunctive relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.
Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and all Subway® Group Parties.
Where the location of the applicable Subway® Group member is within the U.S.A., the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules. All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules. Where the location of the applicable Subway® Group member is anywhere outside of the U.S.A., the arbitration will be administered by the International Chamber of Commerce (“ICC”) in accordance with its applicable rules. All ICC arbitration proceedings will be held within the region in which the applicable Subway® Group member is located and such location will be selected by the Subway® Group.
Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Subway® Group’s intellectual property or other proprietary rights, or where appropriate to stop or prevent an imminent breach of these Terms, you and we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any Subway® Group institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the Subway® Group to submit any claim seeking relief other than injunctive relief to arbitration.
The parties understand that, absent this mandatory provision, they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. The parties further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: email@example.com. The notice must be sent within thirty (30) days of your use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth in this section. If you opt out of these arbitration provisions, we also will not be bound by them.
Initiation of Mass Arbitration
If ten (10) or more demands for arbitration are filed relating to the same or similar subject matter and share common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that the arbitrator may, at the request of either party, consolidate two or more arbitrations into a single arbitration, but not as a class arbitration, where: (a) the parties have agreed to consolidation, (b) in accordance with Federal Rules of Civil Procedure standards and applicable law, or (c) all of the claims in the arbitrations are made under the same arbitration agreement or agreements. In deciding whether to consolidate, the arbitrator may take into account any circumstance the arbitrator considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed.
If a Mass Arbitration is commenced and two or more arbitrations are consolidated into a single arbitration, you and we agree that any party may submit a request to the AAA, the arbitrator, or both that the fees to be assessed by the AAA (including, but not limited to, the case management fees, hearing fees, and the arbitrator fees) be adjusted and reduced based on consolidation of the arbitrations into a single arbitration. The parties shall also be free to agree on limitations on the fees to be paid to the arbitrator, to class-action counsel, or counsel in consolidated proceedings.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this section do not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Connecticut (except for small claims court actions, which may be brought where you reside). The parties expressly consent to exclusive jurisdiction in Connecticut for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Where the location of the applicable Subway® Group member is within the U.S.A., this arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
This arbitration agreement does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract between you and the Subway® Group. All disputes within the scope of those agreements will be resolved in accordance with their terms.
If you are located in Canada:
Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within fourteen (14) days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims, and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
19. Entire Agreement; Interpretation
Your access to or use of certain features or functionality of the Site (including, for example, online ordering, rewards programs, promotions, and gift cards) may be subject to additional terms, conditions, rules, or policies, all of which are incorporated by reference into these Terms.
You will not transfer or assign in any way these Terms or any of your rights or obligations under these Terms. Any such transfer or assignment will be null and void. We may transfer or assign our rights, obligations, or duties under these Terms at any time to any party without notice to you.
The Subway® Group is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between you and the Subway® Group. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Subway® Group, except that our affiliates are third-party beneficiaries of these Terms.
These Terms and any other documentation, agreements, notices, or communications between you and the Subway® Group may be provided to you electronically (including, without limitation, by posting them on the Site or via email) to the extent permissible by applicable law. These Terms and any such other documentation, agreements, notices, or communications will have the same meaning and effect as if we had provided you with a paper copy. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and communications for your reference.
If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions will not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable will modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
Certain text message offers are only accessible on smartphone devices and we may change promotions offered via text message without notice. If you have entered your mobile # and your zip code and clicked “I’M IN” or “Sign Me Up” on our website or otherwise opt in when prompted, then you have agreed to receive recurring autodialed ads, marketing and other messages from us on your mobile number. If you need help with text messages, text HELP to 782929. Currently, AT&T, Verizon Wireless, Sprint, Virgin, T-Mobile, US Cellular, Cricket (Leap), MetroPCS, C Spire, Carolina West Wireless (CWW), CellCom, and Bandwidth are participating carriers, but these may change without notice. Text message may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of the participating carriers Verizon and T-Mobile/MetroPCS may interfere with messages delivery for which the carrier is not responsible. T-Mobile/Metro PCS does not guarantee that any text message will be delivered. If you wish to opt out of receiving marketing text messages from us text STOP to 782929 or call (844) 788-7525. If you opt out, you will receive a text message confirming your decision to unsubscribe.
If you are located in Canada: The Subway® Group may send you order confirmations or other transactional text messages with your consent. Text STOP to opt out. Text HELP for help. Standard message and data rates may apply.
If you are located in the United States or in Canada: You may also receive text messages directly from third-party vendors (DoorDash, EZ Cater, etc.) in providing us with order fulfillment services or other services that may be provided by us or by our third-party vendors. Such messages are subject to any applicable agreements or terms between you and the applicable vendor. If you opt out of receiving text messages from a third-party vendor, you will not be opted out of receiving text messages from the Subway® Group.
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