• Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services(such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

• Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

• To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at contactus@williesrestaurants.com and be sure to include your name, testimonial location, and contact information.

• Request feedback. We may use your information to request feedback and to contact you about your use of our Services.

• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.

• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

USERS AND ACCOUNTS

To use certain Willie’s Online Services, such as the Online Ordering Program, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify Willie’s if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Willie’s Online Services. We do not guarantee that the Willie’s Online Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Willie’s Online Services or any component of them and to block or prevent future access to and use of the Willie’s Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Willie’s Online Services will survive such termination.

PERSONAL USE ONLY

The Willie’s Online Services are owned by Willie’s and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Willie’s Online Services. You may not save or archive a significant portion of the material appearing in or on the Willie’s Online Services. All rights not expressly granted herein are reserved by Willie’s.

PRIVACY

Our Privacy Policy describes the data that we gather about or from users of the Willie’s Online Services and how we process, use and share that data. Be sure to read it to understand these matters.

RESPONSIBLE USE OF THE WILLIE’S ONLINE SERVICES

You may use the Willie’s Online Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Willie’s Online Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Willie’s Online Services; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Checkers in its sole discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WILLIE’S AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY CHECKERS ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

PROVISION OR SUSPENSION/WITHDRAWAL OF THE WILLIE’S ONLINE SERVICES

You understand and agree that: (a) the Willie’s Online Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Willie’s Online Services is subject to these Terms; (b) we may decline to provide access to the Willie’s Online Services or stop (permanently or temporarily) providing the Willie’s Online Services (or any feature, program or content within the Willie’s Online Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Willie’s Online Services, your account details, or any files or other content which are contained in your account.

ONLINE ORDERING

Willie’s may make available to you the ability to order online from participating Willie’s locations. These terms related to online ordering only apply to orders placed through the Willie’s Online Services. Minimum order amounts may apply. Any applicable taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Willie’s Online Services. You are responsible for payment of your order by means of a payment option made available through the Willie’s Online Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Willie’s location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Checkers Online Services. The Willie’s Online Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information. Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation. Please contact the Willie’s location responsible for fulfilling your order directly to identify amounts due.

LOCATION-BASED SERVICES

If you enable location-based services on your computer or mobile device in connection with your use of the Willie’s Online Services, you expressly consent to Willie’s collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to locate nearby Willie’s locations and to provide specific advertising content or messages based on your location. Please see our Privacy Policy for further information and for details on how to opt-out of location information collection.

SOCIAL MEDIA ACCESS

If you choose the option to access or log-in to the Willie’s Online Services through a third party social media service that you belong to, such as Facebook, Twitter, YouTube, TikTok, and/or Instagram, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service.

MOBILE ACCESS & TEXT MESSAGING TERMS

USE OF MOBILE DEVICES

If you use a mobile device to access the Willie’s Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Willie’s Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement. By accessing or using any Willie’s Online Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

TEXT MESSAGING PROGRAM

ENROLLMENT.

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in.  Such consent is not a condition of making any purchase.

GENERAL TERMS & DISPUTES.

Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you and Wille’s have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

OPTING OUT.

You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages.   In either case, you will receive one additional message confirming that your request has been processed.  If you do not receive this confirmatory text message, please contact contact@williesrestaurants.com for help.   For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.

YOUR OWN WIRELESS PLAN.

As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.

YOUR DUTIES FOR YOUR OWN PHONE NUMBER.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program.  If you change or deactivate that number, you are responsible for notifying us immediately.  Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. 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.

PARTICIPATION SUBJECT TO TERMINATION OR CHANGE.

We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

UNITED STATES ONLY

The Willie’s Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the Willie’s Online Services anywhere else.   All prices displayed on the Willie’s Online Services are quoted in U.S. Dollars and are valid and effective only in the United States.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

INDEMNITY

You agree to indemnify, defend, and hold harmless all Willie’s entities and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. Willie’s reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Willie’s assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Willie’s Online Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

DISCLAIMERS

To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the Willie’s Online Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE Willie’s online SERVICES. THE checkers SERVICES ARE PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the Willie’s Online Services.

LIMITATIONS ON LIABILITY

THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or the Willie’s online services, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the checkers services. The only remedy available to you under these terms AND in connection with the checkers online services is reimbursement of the access fees you have paid for the Willie’s online services.

LEGAL DISPUTES

In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES

If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

TIMING OF CLAIMS

You must bring any claim you have against Willie’s relating to these Terms or the Willie’s Online Services within two years from the date of accrual of the applicable claim.

LEGAL DISPUTES AND ARBITRATION AGREEMENT

INITIAL DISPUTE RESOLUTION

We are available by email at contact@williesrestaurants.com to address any concerns you may have regarding your use of the Willie’s Online Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

TERMS OF SERVICE AND BINDING ARBITRATION AGREEMENT

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Willie’s Online Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The

arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267 www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Willie’s will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and Checkers will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.