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Website Terms of Use

Last Revised: February 1, 2022

These Website Terms of Use (“Terms”) govern your access to and use of this website (including all of its content, the “Site”), which is made available by and operated on behalf of Subway Cares Foundation Inc., a 501c3 organization (the “Foundation,” “we,” “us,” or “our”). Please review these Terms carefully, as they form a binding contract between you and the Foundation.

By accessing, browsing, or otherwise using the Site, 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. To the extent permitted by applicable law, 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, neither we nor any other member of the Subway® Group (as defined below) is 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.

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.

Table of Contents

  1. Collection of Information
  2. Ownership
  3. Permitted Use of the Site; Use Restrictions
  4. Accounts and Payment
  5. Product Information
  6. Content You Provide
  7. Copyright Policy
  8. Site Changes and Availability
  9. DISCLAIMER OF WARRANTIES
  10. LIMIT ON LIABILITY
  11. Indemnification
  12. Third-Party Websites
  13. Linking to the Site
  14. Governing Law
  15. ARBITRATION AGREEMENT, CLASS WAIVER, AND WAIVER OF TRIAL BY JURY
  16. Entire Agreement; Interpretation
  17. Contact Us

 

  1. Collection of Information

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Your privacy is important to us. We provide a privacy statement that explains our information practices and how we may use and share your personal information, as well as other types of collected information. Click here to view our Privacy Statement (“Privacy Statement”), which is incorporated into and made a part of these Terms. Except where additional notice or consent is required by applicable law, by accessing, browsing, or otherwise using the Sites, you agree to our Privacy Statement and to the collection, use, and disclosure of information in accordance with our Privacy Statement. For information on the types of information we collect, how that information is used, and your rights and choices regarding collected information, please see our Privacy Statement.

  1. Ownership

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The Site (including without limitation all of its text, audio, video, graphics, charts, photographs, icons, software, computer code, data, trademarks, service marks, logos, slogans, names of products, documentation, other materials and content, and the design, selection, and arrangement of content) is exclusively the property of the Foundation or its licensors, including Subway IP LLC, and is protected by copyright, trade dress, trademark, and other intellectual property laws. The Foundation and Subway IP LLC are, together with their respective affiliates, the “Subway® Group.”

Subway® and the Subway® logo are registered trademarks and service marks owned and registered by Subway IP LLC. 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 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 © 2021-2022 Subway IP LLC. All rights reserved.

  1. Permitted Use of the Site; Use Restrictions

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You may access and use the Site solely for your own personal purposes and solely in accordance with any related restrictions posted on the Site or otherwise provided by the Foundation.

The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, posted or transmitted in any way, except as may be otherwise specifically 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:

  1. Use the Site in a manner other than as expressly permitted by these Terms;
  2. Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms, including for any commercial purpose;
  3. Delete, obscure, or change any copyright, trademark, or other proprietary notices or markings in or on the Site;
  4. 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;
  5. Use the Site, including any Site content, in any way that infringes on or violates the rights of any other person or entity, including any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
  6. 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;
  7. 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;
  8. Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
  9. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
  10. 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;
  11. 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
  12. 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.

The Foundation may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

  1. Accounts and Payment

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You may be required to create an online account with us in order to use certain features of the Site. If you choose to create an online account, you may be required to submit certain information in order to create that account. You are responsible for maintaining the confidentiality of any information you use in connection with your account, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately by contacting us using the contact information below.

All orders and purchases made through the Site, where available, are subject to the applicable ordering terms posted on the Site. Information about our collection and use of payment-related information is described in our Privacy Statement.

Donations made through the Site must be made by credit or debit card. Information about our collection and use of donation-related information is described in our Privacy Statement. If the credit or debit card information that you submit is incorrect or invalid, your donation will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Donations are processed by our applicable third-party payment processor. To make a donation through the Site you may be redirected to a third-party donation platform. We encourage you to review any terms and policies posted on that platform. You acknowledge and understand that certain fees will be deducted from donation payments and then remitted to our donation service and payment processing service providers, as applicable. Those fees are subject to change by such third parties at any time without notice.

  1. Product Information

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Menu or nutritional information provided on the Site is for informational purposes only and assumes that the individual restaurants have complied with ingredient requirements and our standardized recipes. Nutrition information is compiled by a Registered Dietitian using nutrition analysis from approved food manufacturers, independent laboratories, and the USDA Nutrient Database for Standard Reference. The nutrition information listed is based on standard recipes and product formulations, however slight variations may occur due to season of the year, use of an alternate supplier, region of the country and/or small differences in product assembly. Certain product or nutritional information may not apply to all restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact that restaurant.

  1. Content You Provide

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The Site may allow you to post, send us, submit, uploaded, transmit, make, or otherwise provide comments, questions, compliments, complaints, information, images, documents, and other content (“User-Generated Content”). Any User-Generated Content you provide is voluntary, non-confidential, and gratuitous.

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 Foundation or any other member of 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, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, 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). Notwithstanding the foregoing, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.

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 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 by 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 Subway® Group or its designees infringes or otherwise violates your intellectual property rights.

  1. Copyright Policy

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We respect the intellectual property rights of others and we ask that visitors to the Site do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to remove any infringing material from the Site if we become aware of the same.

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 following information:

  1. A description of the copyrighted work(s) that you claim have been infringed;
  2. A description of the allegedly infringing material, including its location on the Site;
  3. 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;
  4. Your email address, telephone number, and mailing address;
  5. 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
  6. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Your notice must meet the then-current requirements implemented by the DMCA (or other applicable law). Contact information for our designated agent for notice of claims of copyright infringement is:

Subway Cares Foundation Inc.

c/o Franchise World Headquarters, LLC

325 Sub Way, Milford CT 06461

Phone: (800) 888-4848

Email: DMCA@subway.com

  1. Site Changes and Availability

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Any features, materials, products, or services made available through the Site or otherwise by the Foundation are subject to availability. The Foundation may change the Site, including the features, materials, products, and services made available through the Site, at any time without notice or liability.

  1. DISCLAIMER OF WARRANTIES

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EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE SITE) ARE 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 PRODUCTS ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS CURRENT OR THAT THE SITE CONTAIN 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 ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

  1. LIMIT ON LIABILITY

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SUBWAY® GROUP, ITS MEMBERS (INCLUDING THE FOUNDATION), 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 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 USE THE SITE, OR THE RESULTS OF USE OF THE SITE (INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THE SITE, ANY WEBSITES LINKED TO BY THE SITE, OR ANY MATERIAL ON SUCH WEBSITES, 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 OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification

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You agree to indemnify, defend and hold harmless the Subway® Group Parties from and against any and all claims (including but not limited to third-party claims), demands, complaints, actions, damages, losses, judgments, settlements, fines, costs, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or in connection with: your violation of these Terms; your access to or use of the Site, including any claims arising from any unauthorized use you may make of the Site, our information, or any content accessed from the Site; your submission of information or other content (including personal information and User-Generated Content) through or using the Site; your violation of or noncompliance with any law or regulation; or your negligence or willful misconduct. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

  1. Third-Party Websites

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The Site may contain links to or be linked to third-party websites or applications. Such third-party websites and applications include, without limitation, all websites and applications provided or operated by any member of the Subway® Group other than the Foundation. All such links are solely for your convenience and information. We do not control any third-party websites or applications, nor their privacy practices, which may differ from ours. Our Privacy Statement does not apply to third-party websites or applications. We do not endorse or make any representations or warranties about any third-party websites or applications, nor any products or services made available through third-party websites or applications. If you choose to provide personal or other information to or through a third-party website or application, that third party’s use and disclosure of that information is not covered by our Privacy Statement, even if that third party ultimately shares information that it collects with us. We encourage you to review the privacy policies and terms of use of any website or application through which you provide information. Some third parties may collect and share personal information with us, in that situation the sharing is governed by the third-party’s privacy practices and not our Privacy Statement.

  1. Linking to the Site

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If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with the Subway® Group’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by the Subway® Group. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms or through other notice.

  1. Governing Law

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These Terms and access to and use of the Site are governed by the laws of the State of Connecticut, without giving effect to any conflicts of law or choice of laws principles thereof, and, as applicable, the federal laws of the United States. The United Nations Convention for the International Sale of Goods does not apply.

  1. ARBITRATION AGREEMENT, CLASS WAIVER, AND WAIVER OF TRIAL BY JURY

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PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

You 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), whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below.

Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. 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.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules. All AAA arbitration proceedings will be held in the state of Connecticut, U.S.A.

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, 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 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.

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 any member of the Subway® Group. All disputes within the scope of those agreements will be resolved in accordance with their terms.

  1. Entire Agreement; Interpretation

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These Terms, including our Privacy Statement and any other terms or policies incorporated herein by reference, constitute the entire understanding between you and us with respect to your access to and use of the Site. Our failure to insist upon or enforce strict compliance with any provision of these Terms will not be construed as a waiver of any provision or right. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Foundation.

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 or obligations our duties under these Terms at any time to any party without notice to you.

The Foundation 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 Foundation. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Foundation, except that the other members of the Subway® Group are third-party beneficiaries of these Terms.

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 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.

  1. Contact Us

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If you have any questions and concerns regarding these Terms or the Site, please contact us at:

Subway Cares Foundation

(203) 877-4281

325 Sub Way

Milford, CT 06461

Contact Us