Last Updated: 10/5/2026
PLEASE READ THESE TERMS OF USE CAREFULLY FOR IMPORTANT INFORMATION ABOUT OUR SERVICES (AS DEFINED BELOW). THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION, JURY WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS.
Acceptance and Scope
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Bojangles OpCo, LLC and its subsidiaries and affiliates ("Bojangles," "we," "us," or "our"). These Terms govern your access to and use of the Bojangles websites, any applicable mobile application offered by us, Bojangles kiosks, the Bojangles Rewards Program any site on which these Terms may appear, and any related features or services, including, without limitation the purchase of products and services, whether as a guest or a registered user (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.
You represent that you are at least 18 years of age. If you are under the age of 18, you represent that you have reviewed these Terms with a parent or legal guardian and that your parent or legal guardian agrees to these Terms on your behalf. The Services are intended for Users located in the 50 United States and D.C.
These Terms contain a binding arbitration provision and a class action waiver, which affect your legal rights. Please review those sections carefully.
The Services allow you to place orders for food and beverages for pickup, delivery, or other fulfillment methods offered at participating Bojangles locations. Menu availability, pricing, and fulfillment options vary by location and are subject to change without notice. Not all menu items are available at all locations or at all times. The Bojangles location identified when you place your order is responsible for fulfilling your order. All orders are offers to purchase and are subject to acceptance by the applicable Bojangles location. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD THAT YOU SUBMIT IN CONNECTION WITH A PURCHASE. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraud.
Third-Party Platform Services. Certain features of the Services, including online ordering, delivery, and related functionality, may be provided through or powered by third-party platform providers, including the DoorDash Commerce Platform (collectively, "Platform Providers"). By using online ordering, you agree to be bound by the DoorDash Consumer Terms and Conditions and Privacy Policy. By using such features, you acknowledge and agree that: (a) your use is subject to the applicable Platform Provider's consumer-facing terms and conditions, which are incorporated herein by reference; (b) Platform Providers are independent third parties and are not agents, employees, or joint venturers of Bojangles; (c) Bojangles does not control and is not responsible for the Platform Providers' technology, services, data practices, or compliance with their own terms; and (d) any dispute arising from a Platform Provider's technology or services is between you and the Platform Provider, except to the extent the dispute resolution provisions in the "Dispute Resolution and Arbitration" section below apply. Prices, menu availability, promotions, and other information displayed through a Platform Provider's services may differ from those available in-restaurant or through other channels. Discounts, coupons, and other promotional offers may not be available or combinable when ordering through a Platform Provider. To the extent of any conflict between a Platform Provider's terms and these Terms, these Terms shall control with respect to matters within Bojangles' control.
Pricing and Fees. Prices displayed through the Services may differ from in-restaurant prices. Your total will include the price of items ordered plus applicable taxes, and may include delivery fees, service fees, small-order fees, and other charges, each of which will be disclosed to you before you complete your order. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Delivery. Delivery may be available in some locations. Delivery may be fulfilled by a third-party provider, including DoorDash. Bojangles has no responsibility or liability for the acts or omissions of any third-party delivery provider, including delivery delays, delivery errors, damaged or missing items occurring during delivery, or the conduct of any delivery personnel. Delivery times are estimates vary and are not guaranteed. Prices posted by third-party delivery sites may be different from prices offered at Bojangles locations. You agree that Bojangles may provide your contact information, including telephone numbers, to its delivery vendor(s) so that you may receive information regarding your order.
Refunds and Cancellations. Refunds may be given within the sole discretion of Bojangles or its third-party providers. Because food is a perishable good prepared to order, orders may not be cancellable once preparation has begun.
Errors and Inaccuracies. The Services may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, menu availability, and other information. If any information displayed through the Services is inaccurate, incomplete, or out of date, we reserve the right to correct, change, or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and to issue a refund for amounts paid. We do not guarantee that your device's display of menu items, colors, or other product features is accurate.
Bojangles Rewards Program Terms
Program Overview and Eligibility.
Bojangles Rewards (the “Program”) is a free loyalty program operated by Bojangles OpCo, LLC (“Bojangles,” “we,” or “us”). Members can earn points on qualifying orders placed while signed in to their account on Bojangles.com or the Bojangles app and redeem those points for eligible menu items. At launch, earning and redemption are available only through Bojangles.com and the Bojangles app at participating U.S. locations. Orders placed at a restaurant counter, drive-thru, or kiosk do not qualify at this time, even if the restaurant otherwise participates in the Program. Availability may vary by location.
You must be at least 18 years old to join. Membership is for an individual’s personal use. You may maintain only one Bojangles Rewards account, and you must provide accurate account information and keep it current. If we learn you have more than one (1) account, we may terminate all of your accounts and require you to forfeit your points. The Program is open only to residents of the United States and points can only be earned and redeemed in the 50 United States and D.C.
User Accounts and Registration. When you register, you agree to provide accurate, current, and complete information and to keep that information updated. You may only create one account and are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). You may place orders via guest checkout, but you will not receive rewards points.
When you create a Bojangles Rewards account, an Olo/Spendgo account is created for you at the same time. Olo/SpendGo powers the account functionality used for the Program. Your Olo account is governed separately by the Terms of Service and Privacy Policy for Olo/Spend Account Holders, which are available at https://www.spendgo.com/terms and https://www.spendgo.com/privacy, respectively. Please review both before creating your account. Bojangles’ handling of your information is described in the Bojangles Privacy Policy.
An Olo/Spendgo account may be used with other participating brands. If your Olo account is closed, including through a request made while using another brand, your Bojangles Rewards account will also close and you will lose access to its unused points and rewards. Closing your Bojangles Rewards account may affect your Olo account or your access to other brands using that account. Review the account-deletion information presented to you before making a deletion request.
If you have a pre-existing account with Bojangles, that account will be deleted and you must create a new account in order to participate in the Program.
Earning Points. You earn 10 points for each $1 of qualifying food and beverage spending on an eligible order placed while signed in on Bojangles.com or the Bojangles app. For each order, we round qualifying spending down to the next whole dollar before calculating points. For example, $6.70 of qualifying spending earns 60 points. Taxes, fees, tips, and gift card purchases do not earn points. You do not earn points on product purchases using points or other rewards. Qualifying spending is calculated after applicable discounts and excludes the portion of an order paid for with a reward. Members may not earn points on dollars exceeding $1,000 per transaction.
Orders placed through a third-party marketplace or delivery app do not earn points, even if a Bojangles restaurant prepares the order. You cannot earn points on an in-restaurant or kiosk purchase at launch or submit a receipt afterward for points. Points are credited to the account used to place the qualifying order and cannot be split between accounts or added to a different account later.
We may offer bonus points, challenges, or other earning opportunities. Any additional conditions, including the eligible purchases and offer period, will be shown with the promotion. We may correct a points balance when points were credited in error or obtained through fraud, misuse, or a transaction that does not qualify under these Terms.
Redeeming Points and Rewards. You may redeem points through your signed-in account on Bojangles.com or the Bojangles app for the following standard, regular-size items at participating locations, subject to menu availability:
• 300 points: One dessert from the eligible dessert category.
• 500 points: One eligible regular-size tea, soda, or regular Fixin’.
• 700 points: One eligible regular-size breakfast biscuit.
• 900 points: One eligible regular-size Bo’s Chicken Sandwich or Grilled Chicken Sandwich.
• 1,500 points: One eligible standard Chicken Dinner Combo.
The item eligible for each category will be identified in the ordering experience. A reward covers the standard item only; size upgrades, substitutions, add-ons, and customizations are not included. If an eligible item is unavailable at the selected location, select another available item in that category or save your points for a later order. Applicable taxes and any other charges shown at checkout remain your responsibility.
To redeem, select an available reward in your account and apply it to an eligible order before checkout. Only one reward or offer may be used per transaction. A points redemption cannot be combined with another reward or offer on the same order. Points are deducted when a redemption is successfully processed. You may not redeem more than 10,000 points per day.
Points and rewards are promotional benefits. They have no cash value, cannot be redeemed for cash, and cannot be sold, transferred, or shared between accounts, except where applicable law requires otherwise. Reward items and participating locations may change as described herein.
Expiration, Forfeiture, and Inactivity. After 12 consecutive months of inactivity in which you neither earn nor redeem points, all unused points will expire. Earning or redeeming points before the 12-month period ends starts a new 12-month activity period. An unused point balance alone does not keep an account active.
A reward or offer issued to your account, including a welcome or birthday offer, expires on the date stated with that reward or offer. Its stated expiration date may differ from the inactivity rule for points. Unused points and rewards are forfeited if your Program account is closed, subject to applicable law. The consequences of closing an Olo account are described in Section 2.
Program Changes and Termination. Bojangles may change these Terms or the Program, including earning rates, eligible purchases, redemption categories, point requirements, participating locations, and available offers. We may also suspend or end the Program. Changes may affect points or rewards already earned. We may post changes on Bojangles.com, in the app, or through another electronic communication, but do not promise advance notice unless applicable law requires it. If the Program ends, we may end the ability to earn or redeem points without providing a final redemption period, subject to applicable law.
The Terms in effect when you earn points determine how those points are earned. The Terms in effect when you redeem points determine the available redemption. Your continued participation after revised Terms take effect constitutes acceptance of the revisions.
We may refuse enrollment or suspend or close a Program account for fraud, misuse of points or rewards, a violation of these Terms or the Bojangles Terms of Use, unlawful activity, or another reason in our discretion. Unused points and rewards become void when membership is suspended or closed, subject to applicable law. We may also revoke points or rewards awarded in error or obtained through conduct the Program did not authorize.
Account Security and Unauthorized Use. Keep your account credentials and verification codes confidential. You are responsible for activity through your account and should promptly update your information if it changes. If you believe someone has accessed your account without permission or used your points or rewards, contact [INSERT REWARDS CUSTOMER-SUPPORT CONTACT] promptly. You should also notify Olo/Spend about suspected unauthorized use of your account through the support method in the account-holder terms.
We may review and correct account activity affected by a technical error, unauthorized access, or suspected misuse. Report a missing or incorrect points balance to https://olosupport.zendesk.com/, with the order details needed to investigate.
Limitations and Exclusions. Rewards are subject to availability at the participating location selected for the order. Menu items, hours, prices, and participation may vary. Unless an offer expressly says otherwise, rewards cannot be exchanged for cash, applied to a past order, or combined with another offer. Separate promotional terms may impose additional eligibility and expiration conditions.
Cancellation and refunds: [INSERT BUSINESS-APPROVED RULE FOR REVERSING POINTS ON CANCELED, FULLY REFUNDED, AND PARTIALLY REFUNDED ORDERS; STATE WHETHER A REDEEMED REWARD IS RESTORED.]
THE LOYALTY PROGRAM IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE LOYALTY PROGRAM OR ANY INFORMATION OR SOFTWARE USED IN CONNECTION THEREWITH.
User-Generated Content and Reviews
The Services may allow you to submit, post, or transmit content, including reviews, ratings, comments, photographs, feedback, and other materials ("User Content"). You retain ownership of your User Content.
By submitting User Content, you grant Bojangles a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, create derivative works from, and otherwise exploit your User Content in any media, for any purpose, including marketing and promotional purposes, without further notice or compensation to you.
You represent and warrant that: (a) you own or have the necessary rights to your User Content and to grant the license above; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights; and (c) your User Content complies with these Terms and all applicable laws.
We do not endorse and are not responsible for any User Content. We reserve the right, but have no obligation, to monitor, review, screen, edit, remove, or disable access to any User Content at any time and for any reason, without notice.
If you send us any ideas, suggestions, or other feedback about Bojangles, our products, or the Services ("Feedback"), you agree that we may use and disclose that Feedback for any purpose, without restriction and without any obligation of confidentiality, attribution, or compensation to you. Please do not send us unsolicited creative ideas, recipes, or product concepts that you consider confidential or proprietary.
If you believe any content on the Services infringes your copyright, please submit a notice to:
Bojangles Restaurant, Inc.
Attn: Chief Legal Officer
500 Forest Point Circle
Charlotte, NC 28273
Third-Party Links and Hyperlinks
The Bojangles website may contain links to websites, applications, ordering or delivery platforms, and other services operated by third parties. Bojangles provides these links for convenience. A link does not constitute Bojangles’ endorsement of the third party or its content, products, services, statements, or practices. Bojangles does not control third-party services and makes no representation or warranty concerning their accuracy, completeness, security, or availability. If you follow a link, you leave the Bojangles website and use the third-party service at your own risk, subject to that service’s terms and privacy practices. To the fullest extent permitted by law, Bojangles is not liable for loss or damage arising from your access to, use of, or reliance on a third-party service or its content. This provision does not limit any responsibility Bojangles expressly assumes under separate terms applicable to an order or service.
The Services and all content, features, and functionality, including text, graphics, logos, icons, images, audio and video clips, software, and the design, selection, and arrangement thereof, are owned by Bojangles, its licensors, or other providers and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.
"Bojangles," the Bojangles logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bojangles or its affiliates. You may not use these marks without our prior written permission. All other names, logos, and marks appearing on the Services are the property of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to: (a) resell or make commercial use of the Services or their contents; (b) copy, reproduce, distribute, or create derivative works of the Services; (c) use any data mining, robots, scraping, or similar data gathering and extraction tools; or (d) frame or mirror any portion of the Services without our prior written consent.
Mobile Application License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install, and use our mobile applications on a device that you own or control, solely for your personal, non-commercial use. Your use of our applications distributed through third-party app stores is also subject to the applicable app store's terms of service.
Apple App Store Terms. If you download our mobile application from the Apple App Store, you acknowledge that: (a) these Terms are between you and Bojangles only, not Apple Inc. ("Apple"), and Bojangles, not Apple, is solely responsible for the application and its content; (b) Apple has no obligation to provide maintenance or support for the application; (c) in the event the application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the application, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application; (d) Apple is not responsible for addressing any claims by you or any third party relating to the application, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, or consumer protection claims; (e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the application infringes that third party's intellectual property rights; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the application and, upon your acceptance of these Terms, will have the right to enforce these Terms against you as a third-party beneficiary.
You agree not to use the Services to, and not to permit or encourage any third party to:
(a) violate any applicable law, regulation, or these Terms;
(b) infringe the intellectual property, privacy, publicity, or other rights of any party;
(c) submit false, misleading, fraudulent, defamatory, obscene, harassing, threatening, or otherwise objectionable content;
(d) impersonate any person or entity or misrepresent your affiliation with any person or entity;
(e) transmit any viruses, malware, or other harmful code, or otherwise interfere with or disrupt the integrity or performance of the Services;
(f) attempt to gain unauthorized access to the Services, other accounts, or any systems or networks connected to the Services;
(g) use any automated means, including bots, scrapers, or crawlers, to access, monitor, or copy the Services, except as expressly permitted by us [DESCRIBE ANY PERMITTED API ACCESS AND RATE LIMITS];
(h) engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure, including exceeding;
(i) manipulate pricing, orders, or the loyalty Program, or exploit errors or bugs for unintended benefit; or
(j) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
Your use of the Services is subject to our Privacy Policy, available at [PRIVACY POLICY URL], which is incorporated into these Terms by reference and describes how we collect, use, disclose, and protect your information.
Mobile Device, Email, and Text Messaging
By creating an account or placing an order, you agree that we may send you transactional communications relating to your account and orders. With your consent where required, we may also send marketing communications, including via email, SMS/text message, and push notifications. Message and data rates may apply to SMS communications. If you choose to participate in the Services on a mobile device, you are solely responsible for obtaining and paying for any such mobile device, and all related fees and services, including data and internet usage fees.
Electronic Communications. By using the Services, you consent to receive communications from us electronically, including by email, text message, push notification, or posting on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By consenting to receive Bojangles text messages, you agree that Bojangles may use any automated or non-automated technology to send you marketing text messages, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at digital@bojangles.com.
You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. You agree to immediately contact us if any number you have provided to us is no longer associated with you. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
THE SERVICES AND ALL CONTENT, FEATURES, AND FUNCTIONALITY THEREOF ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BOJANGLES NOR ANY PERSON OR ENTITY ASSOCIATED WITH BOJANGLES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, BOJANGLES DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOJANGLES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING MENU INFORMATION, PRODUCT DESCRIPTIONS, INGREDIENT LISTS, CALORIE COUNTS, PRICING, OR BUSINESS OPERATION INFORMATION.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR OWN RISK.
Nutritional, allergen, and ingredient information provided through the Services is for general informational purposes and is based on standard product formulations. Actual values may vary due to preparation methods, portion sizes, ingredient substitutions, supplier variations, and cross-contact during preparation. If you have a food allergy or dietary restriction, do not rely solely on the Services; please confirm with the applicable restaurant. Our facilities handle common allergens, and we cannot guarantee that any menu item is free from any allergen.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOJANGLES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, OR FOR ANY ATTORNEYS' FEES OR COSTS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, NOR SHALL BOJANGLES BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BOJANGLES' REASONABLE CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES' RECORDS, PROGRAMS, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BOJANGLES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US THROUGH THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM, ACTION, OR PROCEEDING IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold harmless Bojangles, its parents, affiliates, subsidiaries, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any actual or alleged claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Services; (c) your User Content; (d) your violation of any local, state, federal, or international law, rule, or regulation, or the rights of any third party; (e) any fraud, willful misconduct, or misrepresentation by you; (f) information or material posted or transmitted through your device, computer, or account, even if not submitted by you; (g) the theft, misappropriation, or disclosure of your account credentials or other security information; (h) your authorization of anyone else to use your account; or (i) any dispute between you and another User of the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You will not settle any claim affecting Bojangles without our prior written consent.
The Services are controlled and operated from within the United States and are intended for Users located in the 50 United States and D.C.. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from outside the permitted territory, you do so on your own initiative and are responsible for compliance with local laws.
Restaurant locations, menu offerings, pricing, promotions, and fulfillment options vary by geographic region and participating location. Availability of online ordering, delivery, and the loyalty Program may be limited to certain locations
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BOJANGLES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Informal Resolution. Before initiating any formal dispute resolution proceeding, the initiating party must send a written notice to the other party providing the following information: (i) the initiating party's name, address, telephone number, and email address; (ii) sufficient information to identify the transaction(s) at issue; and (iii) a detailed description of the nature and basis of the claim and the nature and basis of the relief sought, including a specific calculation of damages. Your notice to us must be personally signed by you (and by your counsel, if you are represented) and sent to Legal@Bojangles.com or via certified mail to: Bojangles OpCo, LLC, Attn: Chief Legal Officer, 500 Forest Point Circle, Charlotte, NC 28273. Our notice to you will be sent to the most recent contact information you have provided to us. The parties agree to negotiate in good faith for at least sixty (60) days after receipt of the completed notice, including through an individual telephonic or video settlement conference if requested by either party. If either party is represented by counsel, counsel may participate, but the party must also personally attend. This informal dispute resolution process is a condition precedent to commencing arbitration or a proceeding in small claims court. The party initiating arbitration must include with its demand a personally signed certification of compliance with this informal dispute resolution process. The parties agree that any applicable statute of limitations and filing-fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
Agreement to Arbitrate. You and Bojangles agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This agreement to arbitrate extends to any and all disputes between you and any Platform Provider (as defined in the "Third-Party Platform Services" provision above), including DoorDash, that arise out of or relate to these Terms or the Services. This arbitration agreement is expressly intended to inure to the benefit of, and be enforceable by, each Platform Provider. To the extent that this "Dispute Resolution and Arbitration" section conflicts with the dispute resolution procedures provided for in any Platform Provider's consumer terms and conditions, the provisions of this "Dispute Resolution and Arbitration" section shall apply. This agreement to arbitrate is governed by the Federal Arbitration Act.
Arbitration Rules and Administration. The arbitration will be administered by the American Arbitration Association (AAA) under its AAA Rules as modified by the version of this arbitration provision that is in effect when you notify us about your Dispute. The arbitration will be conducted at your election, by telephone, video, or through written submissions except that any Dispute over $50,000 shall have an in-person or video hearing. Payment of arbitration fees will be governed by the administrator's rules, subject to applicable law.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to Bojangles OpCo, LLC Attn: Chief Legal Officer, 500 Forest Point Circle, Charlotte, NC 28273 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt-out of these arbitration provisions, Bojangles will also not be bound by them. The class action wavier and jury trial wavier set forth herein will remain in effect.
Class Action Waiver. YOU AND BOJANGLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
Governing Law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles, except to the extent governed by the Federal Arbitration Act.
Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
Jury Trial Waiver. IF FOR ANY REASON A CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, YOU AND BOJANGLES EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
Multiple Case Filings. If twenty-five (25) or more similar disputes (including yours) are asserted against Bojangles by the same or coordinated counsel or are otherwise coordinated ("Multiple Case Filings"), the following staged process shall apply:
(a) Stage One: Counsel for the claimants and counsel for Bojangles shall each select up to twenty-five (25) claims (per side) (fifty (50) claims total) to proceed first in individual arbitration proceedings. Each case shall be assigned to a different arbitrator and proceed individually. The remaining disputes shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those disputes, until they are selected to proceed as part of the staged process. After this initial set of proceedings, if the parties are unable to resolve the remaining disputes, counsel shall participate in a global mediation session with a retired federal or state court judge jointly selected by the parties, and Bojangles shall pay the mediator's fee.
(b) Stage Two: If the parties are still unable to resolve the remaining disputes, each side shall select another fifty (50) cases (per side) (one hundred (100) claims total) to proceed in individual arbitration. No more than five cases may be assigned to a single arbitrator. After this second set of proceedings, counsel shall engage in a second global mediation session, and Bojangles shall pay the mediator's fee.
(c) Remaining Disputes: Upon completion of the mediation in Stage Two, each remaining dispute that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with these Terms.
(d) A court of competent jurisdiction shall have the authority to enforce this Multiple Case Filings provision, including the power to enjoin the filing or prosecution of arbitration demands and the assessment or collection of arbitration fees. If, after exhaustion of all appeals, a court determines that this provision is not enforceable as to your dispute, then your dispute shall not proceed in arbitration and shall proceed only in a court of competent jurisdiction consistent with these Terms.
Future Changes. If we make any future changes to the arbitration provisions in this "Dispute Resolution and Arbitration" section (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to Bojangles OpCo, LLC Attn: Chief Legal Officer, 500 Forest Point Circle, Charlotte, NC 2827] within thirty (30) days of the change. By rejecting a future change, you are agreeing that you will arbitrate any dispute in accordance with the version of the arbitration provisions in effect at the time of your rejection.
We reserve the right to modify these Terms at any time in our sole discretion. We will post the revised Terms on our website or mobile application and update the “Last Updated” date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
We reserve the right to modify, suspend, or discontinue the Services, or any part of them, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect. If the Class Action Waiver in the "Dispute Resolution and Arbitration" section is found to be unenforceable, then the entirety of the arbitration provisions in that section shall be null and void as to the affected claims, which shall proceed in court.
Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms incorporated by reference, constitute the entire agreement between you and Bojangles regarding the Services and supersede all prior agreements and understandings.
Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms.
No Third-Party Beneficiaries. Except as expressly stated in these Terms, including without limitation in the "Third-Party Platform Services," "Delivery," and "Agreement to Arbitrate" provisions with respect to Platform Providers, these Terms do not create any third-party beneficiary rights.
Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
Contact. Questions about these Terms may be directed to [COMPANY CONTACT ADDRESS AND EMAIL].
Survival. The following provisions shall survive any termination or expiration of these Terms or your access to or use of the Services: the license you grant in your User Content under the "User-Generated Content and Reviews" section, and the "Intellectual Property Rights," "Disclaimers and Warranties," "Limitation of Liability," "Indemnification," "Dispute Resolution and Arbitration," and "Severability and Miscellaneous" sections, together with any other provisions that by their nature are intended to survive.
Independent Operators. Many Bojangles restaurants are independently owned and operated by third-party franchisees under franchise agreements with Bojangles or its affiliates. Bojangles does not control the day-to-day operations of franchised restaurants, including hiring and employment decisions, food preparation, pricing at the restaurant level, or the conduct of restaurant personnel. Your experience at any Bojangles restaurant, including the preparation and quality of food and beverages, customer service, restaurant cleanliness, and compliance with applicable health and safety laws, is the responsibility of the operator of that restaurant, whether that operator is a franchisee or Bojangles.
Order Fulfillment. When you place an order through the Services, the Services facilitate your order with a participating Bojangles restaurant. The restaurant that accepts your order is solely responsible for preparing, handling, and providing the products to you in accordance with applicable food safety requirements. You understand and agree that you are purchasing products directly from the restaurant operator (and not from Bojangles OpCo, LLC or its parent, subsidiary, or affiliate entities) and that Bojangles has no responsibility arising out of or related to any products that you purchase from restaurants through the Services.
Participating Locations. Features, menu offerings, pricing, promotions, hours of operation, and fulfillment methods vary by restaurant and are determined by each restaurant's operator. Not all restaurants participate in online ordering, delivery, the loyalty Program, or other features available through the Services. The inclusion of any product, service, or promotion on the Services does not constitute a representation that it will be available at the restaurant you select. References to "participating locations" throughout these Terms mean restaurants that have elected to offer the applicable feature or service and are subject to change without notice.
Franchisee Communications. Some franchisees may offer their own marketing communications, including text message programs, email promotions, or local offers that are separate from communications sent by Bojangles. These Terms do not apply to any marketing communications offered independently by a franchisee. If you wish to opt out of communications from a particular franchised restaurant, you must do so directly with that restaurant.