Last Updated: December 29, 2022
1. YOUR CONTRACT WITH RAISING CANE’S
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 19 ENTITLED “MANDATORY BINDING INDIVIDUAL ARBITRATION AGREEMENT”, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST RAISING CANE’S ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST RAISING CANE’S IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
3. ACCOUNTS, PASSWORD, AND SECURITY
To access the Digital Services or the Content (defined below), you may be asked to provide certain personal details or other information to register and create an account. It is a condition of your use of the Digital Services that all information you provide is correct, current, and complete. You further agree to maintain and update your account information, as needed, to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account, and you may not use anyone else's account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
By using our Digital Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Digital Services with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms and Use; otherwise, please exit the Digital Services.
We reserve the right to withdraw, amend, disable, or suspend the Digital Services and any service or material we provide through the Digital Services, in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Digital Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Digital Services to users, including registered users, if any.
4. ADDITIONAL TERMS
6. ORDERING FOOD ONLINE
Minimum order amounts may apply to online food ordering. There may be limits on the dollar values and number of orders that may be placed through the Digital Services. Any applicable fees, taxes, and other amounts due in connection with your order will be identified when you place your order. You are responsible for payment of your order by means of a payment option made available through the Digital Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. When you register a payment card, including a Raising Cane’s gift card, on the Digital Services, you understand and agree that Raising Cane’s or its third-party service providers may verify the validity of that payment card. By submitting your order on the Digital Services, you authorize Raising Cane’s or its third-party service providers to charge the order amount to the payment card you selected.
The specific Raising Cane’s restaurant selected when you place your order is solely responsible for fulfilling your order and for addressing any questions or other communications regarding your order. If you have any issues or questions specific to your order, you should address them to the specific Raising Cane’s restaurant with which you placed your order. Once you place your order on the Digital Services, you may not be able to cancel it, depending on the pick-up time you selected. You may receive a notification within the Digital Services that the Raising Cane’s restaurant has accepted your order and is preparing it. You may need to allow text messages, enable push notifications, and authorize location services on your Device (defined below) to enable certain aspects of online ordering and to ensure the Digital Services function properly. The various ways in which Raising Cane’s might communicate with you about your order are listed in Section 8 below.
Participating restaurant locations may not have all menu items identified through the Digital Services. Images of products and packaging on the Digital Services are examples only and may not be identical to the product or packaging you receive from the restaurant with which you place your order. Differences may be due your Device’s display of colors or factors such as the ingredients used, the supplier, and the geographic region of the country. Discounts, coupons, and other offers may not be available with online ordering.
7. ONLINE RETAIL ORDERING
8. MOBILE, MESSAGING, AND LOCATION-BASED FEATURES
a. Mobile Features.
b. Text Messages.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts from us (including by auto-dialers) related to our various businesses and affiliates. These alerts may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, as applicable, you can follow the instructions provided to terminate (i.e., opt-out of) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out.
You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them in the Contact Us section below.
c. Email Messages.
You may be given opportunities to subscribe to email newsletters or other marketing programs and by doing so, you consent to receive ongoing text alerts from us related to our various businesses and affiliates. You may cancel or modify the email marketing communications you receive from us by clicking “Unsubscribe” at the bottom of our promotional emails to take you to an email preferences page. This will not affect subsequent subscriptions, and if your opt-out request is limited to certain types of emails, the subsequent change will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Digital Services, such as administrative and service announcements. These transactional account messages will be unaffected if you choose to opt-out from receiving our marketing communications.
d. Location-Based Features.
Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth, and other networks may still be tracked when location services are turned off on Device settings. You can terminate Device location tracking via a mobile app by uninstalling the application. The location-based services offered in connection with Raising Cane’s mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate.
9. PROPRIETARY INFORMATION
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, HYPERLINKING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
10. RESTRICTIONS ON USE
You may use the Digital Services only for your personal, non-commercial purposes. You agree not to use any Digital Services or Content in any way that violates any applicable federal, state, local, or international law or regulation. You may not use any Digital Services or any of the Content and material owned, licensed, or controlled by Raising Cane’s for any other purpose, including any unpermitted commercial purpose, unless we provide prior written consent to such use.
You agree not to:
a. decompile, reverse engineer, disassemble, modify, or reduce the Digital Services to human perceivable form or create derivative works based upon the Digital Services or any part thereof;
b. disable any licensing or control features of the Digital Services;
c. “frame” the Digital Services or any portion thereof or otherwise cause the Digital Services or its contents to appear to be provided by anyone except Raising Cane’s;
d. merge the Digital Services or Content with another program or create derivative works based on the Digital Service or Content;
e. remove, obscure, or alter any notice of the copyright or other proprietary legends on the Digital Services or Content;
f. sublicense, assign, translate, rent, lease, lend, resell for profit, distribute, or otherwise assign or transfer Content or access to the Digital Services to others;
g. use the Digital Services by means of any automated program, expert system, electronic agent, or “bot,” and give any person or entity access to the Digital Services or Content;
h. utilize any “scraping,” copying, republishing, licensing, or selling of the data, information, or other Content on or from the Digital Service;
i. hyperlink to the Digital Services;
j. use, or allow the use of, the Digital Services in contravention of any federal, state, local, foreign, or other applicable law, or rules or regulations of regulatory or administrative organizations; and
k. otherwise act in a fraudulent, illegal, malicious, or negligent manner when using the Digital Services.
In addition, you are prohibited from “co-branding” the Digital Services without our prior written consent. (“Co-branding” means displaying a name, logo, trademark, or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish, or distribute the Digital Service or its Content.) You will cooperate fully with Raising Cane’s in causing any unpermitted or unauthorized activity of yours or of a third party authorized by you to cease immediately. To the extent that such unpermitted or unauthorized use continues after notice from Raising Cane’s, you agree to pay or reimburse us for all costs associated with ending or terminating such use.
You agree not to impersonate or attempt to impersonate Raising Cane’s, an employee (hereinafter “crewmember”), another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
11. CONFIDENTIAL INFORMATION AND TRADE SECRETS
Certain information provided to you by Raising Cane’s through non-public portions of the Digital Services may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purpose it was disclosed to you. You may not use the Digital Services to circumvent the terms of any confidentiality agreement or in any other manner that is inconsistent with the business purpose of the Digital Services. When reasonable, you must return or destroy such information when you have fulfilled such purpose.
12. THIRD-PARTY SERVICES, CONTENT, AND WEBSITES
RAISING CANE’S MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT OF THIRD-PARTY WEBSITES. ALL THIRD-PARTY SERVICES, CONTENT THEREOF, AND LINKS THERETO ARE PROVIDED TO YOU “AS-IS,” AND WE SPECIFICALLY DISCLAIM ANY WARRANTIES WITH REGARD TO COMPLETENESS OR ACCURACY OF THESE LINKS OR THE WEBSITES THAT ARE LINKED TO THIS WEBSITE. THE INCLUSION OF ANY LINK TO OR CONTENT OF A THIRD-PARTY WEBSITE DOES NOT IMPLY RAISING CANE’S ENDORSEMENT OF OR AFFILIATION WITH THAT WEBSITE.
Some Digital Services may allow you to send stories, anecdotes, content, comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, or other information to Raising Cane’s through the Digital Services (together, “Submissions”). Raising Cane’s does not consider unsolicited ideas, and any Submissions are subject to the terms of our Unsolicited Ideas Policy, incorporated herein.
16. COPYRIGHT INFRINGEMENT NOTIFICATION
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Raising Cane’s Digital Services infringe upon your copyright, then you (or your agent) should send us a notice with the information detailed below requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe in good faith that your work has been improperly reproduced on Raising Cane’s Digital Services, then please provide us with the following information in your notice: (1) your name, address, telephone number, email address; (2) an electronic or physical signature of the copyright owner of the exclusive right or of the person authorized to act on behalf of the owner; (3) identification of the copyrighted 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 the site; (4) the applicable Raising Cane’s Digital Services and identification or a description of where the alleged infringing material is located within such Digital Services; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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 authorized to act on the copyright owner's behalf.
Copyright Infringement Notices should be sent to:
Raising Cane's Restaurants, LLC
6800 Bishop Road
Plano, TX 75024
Email: [email protected]
We suggest that you consult with a legal advisor before filing a notice or counter-notice. Please note that there may be penalties for false claims under the DMCA.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RAISING CANE’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES AND CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (ii) RAISING CANE’S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) RAISING CANE’S IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES AND CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL RAISING CANE’S, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES OR CONTENT, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES, OR CONTENT OR RAISING CANE’S SERVERS, OR ANY PERSONAL, FINANCIAL, OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER RAISING CANE’S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES OR CONTENT IS TO STOP USING THE DIGITAL SERVICES OR CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
19. MANDATORY BINDING INDIVIDUAL ARBITRATION AGREEMENT
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
a. Arbitration Agreement with Class Action Waiver
b. Arbitration Procedures
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To begin an arbitration proceeding against Raising Cane’s, you must serve Raising Cane’s registered agent for service of process at Capitol Corporate Services, Inc., 1501 S. MoPac Expy., Ste 220, Austin, TX 78746, United States. Each franchisee has agreed that Raising Cane’s may accept service of process on its behalf. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
The arbitration shall take place in Plano, Texas or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
20. GOVERNING LAW
22. NOT A SECURITY OFFER
None of the communications made through the Digital Services should be construed as an offer to sell any franchise, nor is any such communication directed to residents of any jurisdiction requiring registration of the franchise before it is offered or sold in the jurisdiction. No franchises will be sold to any resident of any such jurisdiction until the offer has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the Franchise Disclosure Document, if required, has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you have any questions concerning the registration status of franchises in your jurisdiction, please contact [email protected] or call 1.866.55.CANES.
24. CONTACT US
Web form: www.hicanes.com
Phone: 833.HI.CANES (833.442.2637)
Write Us at: RAISING CANE’S, 6800 Bishop Rd., Plano, TX 75024