TERMS & CONDITIONS
LAST UPDATED: December, 2019
These Terms of Use (“Terms”) apply to any website, mobile or tablet application, or other on-line service or platform (“Services”) controlled and operated by In-N-Out Burgers, a California corporation (“In-N-Out”). In-N-Out requires that all users of the Services agree to the terms and conditions below. By accessing and using the Services, you and any entity you represent (“You”) signify Your agreement with these Terms. If You do not agree with the Terms, You should not use the Services. These Terms also govern our interactions with You on third party platforms.
Use of the Services
The main purpose of the Services is to provide You with information about In-N-Out Burger and to provide information about In-N-Out’s products and services. You shall use the Website for lawful purposes
only. Any User conduct that in the sole discretion of In-N-Out restricts or inhibits any other user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation or promotion.
By using the Services, You confirm that You are legally permitted to use the Services.
All content on the Services, including but not limited to text, images, graphics, and sound files (“Content”), is subject to intellectual
property rights and other rights owned or controlled by In-N-Out. You may not use, reproduce, transmit, modify, amend, create derivative works, distribute, republish, upload, download, or post the Content without the prior written consent of In-N-Out.
Such action violates In-N-Out’s intellectual property and any other rights under the applicable laws. In-N-Out does not transfer any property rights or issue any license by allowing use of the Services.
You are responsible for any
devices, software, and services needed to use the Services. In-N-Out does not guarantee the Services will properly function on any particular device or software. You are responsible for any charges You incur on Your computer, tablet, mobile device,
or other device You utilize to use and interface with the Services. You are responsible for all activity You conduct for any account You create or open in association with the Services.
You must be age 18 to use the Services without supervision.
The Services are not to be used by children younger than age 13. Persons who are age 13 or older but younger than age 18 (or the age of majority in their jurisdiction of residence) may only use the Services with the permission and under the supervision
of a parent or guardian who has reviewed and agreed to these Terms. Please see our Privacy Policy for more information relating to children’s
privacy as it relates to the Services.
Submissions
All remarks, suggestions, ideas, graphics, or other information (“Submissions”) that You communicate through the Services will become subject to In-N-Out’s unlimited use, wherein In-N-Out will have a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use the Submissions in any manner and for any purpose, including promotional and advertising purposes, without compensation to You. In-N-Out has no obligation
to treat Submissions as confidential. You may only provide Submissions that are original, that You have the right to provide, and that do not infringe on others’ rights.
You may not provide any Submissions if you are under age 13.
If You are older than age 13 but younger than the age of majority in Your jurisdiction of residence (e.g., age 18), You may provide submissions only with the permission and under the supervision of a parent or guardian, wherein Your parent or guardian
is responsible for any legal liability relating to Your Submissions.
Warranty Disclaimer and Limitation of Liability
The Services are provided on an “as is” basis without warranties of any kind, express or implied. In-N-Out disclaims all warranties as to merchantability and fitness for
a particular purpose. In-N-Out does not warrant that: the Services will be uninterrupted or error-free; defects will be corrected; or the Services and server that make the Services available are free from viruses or other harmful components. In-N-Out
further does not make any warranty or representation as to the accuracy, reliability, content, or completeness of search results or other information or services provided through the Services. These warranty disclaimers may not apply to You to the
extent that applicable law does not allow the exclusion of such warranties. In-N-Out may make changes or improvements to the Services at any time.
You expressly agree that use of the Services is at Your sole risk, and You assume total
responsibility for use of the Services. In-N-Out is not responsible for any loss You may incur as a result of using the Services. You agree that In-N-Out shall not be liable for any damages, losses, or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, or alteration of the Services, whether for breach of contract, tortious behavior,
negligence, or any other cause of action. You agree that In-N-Out is not responsible for any losses or damages arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent
transactions associated with the Services. You agree that In-N-Out is not liable for the defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with You. In-N-Out, or
any person or entity involved in creating, producing or distributing any of the Services, will not be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential and/or punitive damages, or
lost profits arising out of the use of or inability to use any of the Services or any content contained therein. This section is not intended to limit In-N-Out’s liability for damages to the extent caused by In-N-Out’s own gross negligence
or intentional or unlawful misconduct. This section is not intended to limit or alter Your rights as a consumer that cannot be limited or altered under applicable law.
Indemnity
You agree to indemnify, defend, and hold harmless In-N-Out, its content providers, and their respective officers, directors, shareholders, employees, agents, successors, licensees, distributors, affiliates, and assigns
from any and all third party claims, demands, liabilities, costs and/or expenses, including attorneys’ fees, arising out of or in connection with Your use or activities relating to the Services, Content, or Submissions, including: (1) Your use
of the Services; (2) Your on-line conduct in connection with the Services; (3) Your (or anyone acting under Your password, user name, or other identifier) violation or breach of these Terms; (4) Your failure to comply with applicable laws or regulations
in connection with the Services; (5) Your negligence, willful misconduct, or violations of the intellectual property or other rights of any person or entity in connection with the Services; (6) any of Your dealings or transactions with other persons
or third party platforms resulting from use of the Services; and (7) Your breach of any of the agreements, representations, and warranties set forth in these Terms.
Third Party Sites
In-N-Out may on occasion provide links and pointers to websites maintained by third parties. Unless otherwise specified, In-N-Out does not operate or control any information, products, or services on these third
party websites. In-N-Out does not state and expressly disclaims that it has the consent of third parties operating such websites to provide a link or pointer to such websites. In-N-Out does not endorse and is not responsible for the accuracy or reliability
of any site to which any of the Services is linked or any opinion, content, advice, statement or information made or provided in any such third party site.
Copyright Notice
In-N-Out respects the rights of copyright holders and expects its Services users to do the same. In-N-Out has a policy of responding expeditiously to notices of copyright infringement committed through use of the
Services if such claims are reported to In-N-Out’s designated Copyright Agent, named below, and thus reserves the right to remove infringing content from the Services and to terminate or limit Services access to users who repeatedly infringe
copyrights. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide In-N-Out’s Copyright Agent a notice with the following information required by the Digital Millennium Copyright Act, 17
U.S.C. § 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the notice and any other inquiries under the Digital Millennium Copyright Act to:
In-N-Out Burgers
Attn: Copyright - Legal
4199 Campus Drive, 9th Floor
Irvine, CA 92612
Fax: (949) 509-6378
E-mail: copyright@innout.com
In-N-Out will take whatever action, in its sole discretion, it deems appropriate to respond to the notice. In doing so, In-N-Out may notify the user who submitted the infringing content. If You have been notified that Your content on the Services is infringing,
You may submit a counter-notice to the Copyright Agent with sufficient information for In-N-Out to consider in taking any action.
DO NOT make false claims. Misuse of this process may result in termination of Your access to the Services
and/or other legal consequences, including costs and attorneys’ fees. If You are uncertain whether an activity constitutes infringement, You should seek the advice of an attorney.
Privacy
In-N-Out appreciates Your use of the Services and respects Your privacy. You can review the Privacy Policy for a list of the Services.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. In-N-Out hopes to resolve any issues You have with the Services before needing a formal legal case. Before filing a claim against
In-N-Out, You agree to try to resolve the dispute informally by contacting Customer Service as shown below or by mailing the details of Your issue to the following: In-N-Out Burgers, Attn: Legal Department, 4199 Campus Drive, 9th Floor, Irvine, CA
92612. If In-N-Out is unable to informally resolve Your issue, You may proceed with a dispute against In-N-Out in accordance with the conditions herein.
Except for certain types of disputes described below, You agree that disputes between
You and In-N-Out (whether such disputes involves a third party) relating to these Services will be resolved by binding, individual arbitration. ARBITRATION IS MANDATORY AND FINAL. You should be aware that discovery and rights to appeal in arbitration
are generally more limited than in a lawsuit, and other rights that You would otherwise have in court may not be available in arbitration.
Notices of arbitration should be sent to In-N-Out’s address provided above. There shall be
one arbitrator agreed to by the parties within twenty days of receipt by the respondent of the request for arbitration or in default thereof appointed by the American Arbitration Association (“AAA”) in accordance with the AAA’s rules
for arbitration of consumer-related disputes, which are available at www.adr.org or by calling AAA at 1-800-778-7879. The parties may alternatively elect an arbitrator from JAMS in the event that an AAA arbitrator is not available to the parties,
whether by location, cost, or otherwise. The arbitration will be held in Orange County, California, U.S.A., or any other location upon which You and In-N-Out agree, and will be conducted in the English language. The AAA rules will govern payment of
all arbitration fees. In-N-Out will pay all arbitration fees for claims less than $20,000.
Neither You nor In-N-Out will participate in a class action or class-wide arbitration for any claims. You are giving up Your right to participate
as a class representative or class member on any class claim You may have against In-N-Out including any right to class arbitration or any consolidation of individual arbitrations. Neither You nor In-N-Out will participate in a class action or class-wide
arbitration for any claims covered by this agreement to arbitrate. You and In-N-Out each waive rights to trial by jury or to participate in a class action lawsuit or class-wide arbitration. This dispute resolution provision will be governed by the
Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will
not have authority to award damages, remedies, or awards that conflict with these Terms.
In the event that the agreement to arbitrate is found not to apply to You or Your claim, You and In-N-Out agree that any judicial proceeding (other
than small claims actions as described herein) will be brought in the federal or state courts of Orange County, California, U.S.A. Both You and In-N-Out consent to venue and personal jurisdiction there.
Exceptions to arbitration: As an
alternative, You or In-N-Out may assert claims, if they qualify, in a local "small claims" court in Orange County, California or any United States county where You live and work. You may bring claims only on Your own behalf. You agree that In-N-Out
may seek preliminary or injunctive relief from a court of competent jurisdiction in Orange County, California to protect its rights or property pending the completion of arbitration.
Modifications
In-N-Out may revise these Terms on occasion and will post the most current version with the Services. If a revision meaningfully reduces Your rights, we will notify You (by, for example, posting a notice with the Services
or sending a notice to an e-mail address that You agree to provide). By continuing to use or access the Services after the revisions come into effect, You agree to be bound by the revised Terms.
Trademark Ownership
The following trademarks are used and owned by In-N-Out Burgers, and all rights are hereby reserved:
IN-N-OUT BURGER, Rectangle and Arrow Design, IN-N-OUT BURGER and Design, IN-N-OUT, IN-N-OUT and Design, Palm Tree Design, Palm Tree and Ocean Design, Ocean Design, PROTEIN, PROTEIN STYLE, ANIMAL, ANIMAL STYLE, 2X2, DOUBLE-DOUBLE, DOUBLE DOUBLE, TWO BY TWO, TRIPLE TRIPLE, 3X3, THREE BY THREE, FOUR BY FOUR, 4X4, QUAD-QUAD, FIVE-BY-FIVE, 5X5, ENTRE-Y-SALGA, DOBLE-DOBLE, FRESH! EVERY STEP OF THE WAY, BTV, BURGER TELEVISION, ENTRADA-Y-SALIDA, HAMBURGUESAS DE ENTRADA-Y-SALIDA, IN-N-OUT BURGERS with Building Over Arrow Design, Arrow in Box Design, INO, QUALITY YOU CAN TASTE, FRESHNESS YOU CAN TASTE, THAT'S WHAT A HAMBURGER'S ALL ABOUT, CLEANLINESS YOU CAN SEE, in-n-out, in-n-outburger, THE BEST ENTERPRISE IS A FREE ENTERPRISE.
Miscellaneous
These Terms constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties with respect to the Services. These Terms will be governed by the laws of the State
of California, U.S.A., notwithstanding any conflicts of laws principles. In-N-Out’s failure to enforce a provision is not a waiver of its right to do so later. No waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect. You may not assign any of Your rights under these Terms, and any such attempt will
be void. In-N-Out may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Nothing contained in this agreement shall create any association, partnership, or agency
or joint venture between In-N-Out and You.
Contact
If you have any questions relating to the Terms or Services, please call Customer Service at 1-800-786-1000 or mail us at:
In-N-Out Burgers
Attn: Customer Service
4199 Campus Drive, 9th Floor
Irvine, CA 92612