Terms & Conditions
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Access to the www.ownaquiznos.com website is being provided to you in one of the following capacities and subject to the following:
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TQSC II LLC and its affiliates (collectively “Quiznos”) are providing access to the myquiznos.com website (the “Site”) only subject to your agreement to abide by these terms and conditions (including the Supplements below), as they may be amended from time to time by Quiznos (“Terms of Service”). Quiznos will notify users of any changes to these Terms of Service, and will request agreement to these changes as a condition of subsequent access to the Site. If at any time you find these Terms of Service unacceptable, you must immediately leave or not access the Site and cease all use of it. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

1. PRIVACY POLICY. A complete statement of Quiznos’ current privacy policy can be found by clicking here. Quiznos’ privacy policy is expressly incorporated into these Terms of Service by this reference.

2. ACCESS INFORMATION. When you are required to open an account to use or access the Site, you must complete the registration process by providing complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your user name, password, or other log-in information as provided to you or accepted by Quiznos (“Access Information”). You may not use Access Information of someone else at any time. You agree to notify Quiznos immediately of any unauthorized use of your Access Information and take such further steps as Quiznos may reasonably request to prevent or mitigate such unauthorized use. Quiznos and its suppliers (including The Rocket Science Group) shall not be liable for any loss that you incur as a result of someone else using your Access Information, either with or without your knowledge. You may be held liable for any losses incurred by Quiznos, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Access Information or otherwise from any unauthorized use thereof. You acknowledge and agree that the Access Information is Quiznos’ confidential and proprietary trade secret information. You agree not to disclose or misuse such Access Information. You shall take all reasonable steps to safeguard Access Information from unauthorized use or disclosure.

3. USER SUBMISSIONS. You agree that Quiznos may freely use, edit, modify and exploit any content, text, feedback, best practices, recommendations, tips, concepts, artwork, ideas, comments, suggestions, or improvements, that you or other users may at any time disclose or submit to Quiznos or for display on the Site (“User Submissions”), for Quiznos’ business purposes, including for product support and development, without any obligation or payment to you. You hereby irrevocably transfer and assign to Quiznos any and all right, title and interest which may arise from User Submissions, and associated intellectual property rights, you may have now or in the future, and you hereby forever waive and agree never to assert any moral rights (including rights of paternity and attribution) or other intellectual property rights in or which may arise from User Submissions, and you will assist Quiznos in taking any actions required for Quiznos to obtain or perfect intellectual property rights in your User Submissions worldwide. User Submissions may be used by you only as part of the Quiznos franchise system and for no other purpose, should be protected by you as Quiznos confidential information, and shall not be disclosed to any third party without Quiznos’ prior written consent.

Quiznos may at its option provide a mechanism on the Site for users to submit and display User Submissions in the form of best practices, tips, recommendations, ideas, or other content or data intended by those posting such content to be used by other users of the Site at their discretion. Although Quiznos reserves the right to review and edit such User Submissions prior to general posting on the Site, Quiznos assumes no liability or responsibility for the accuracy, completeness, or wisdom of such User Submissions. ANY AND ALL USE OF USER SUBMISSIONS BY YOU IS AT YOUR OWN RISK AND EXPENSE. You hereby represent and warrant that all User Submissions you submit shall not infringe upon any third party intellectual property rights, shall not advise a practice or course of conduct contrary to any laws or regulations, and shall be, to the best of your information and belief, current, complete and accurate.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services on it, you agree to obey the law and to respect the intellectual property rights of others. Your use of Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information, data or content, including User Submissions (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secrets, patents, privacy rights, confidentiality, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any direct, indirect, or contributory infringements of third party rights caused by any Content you provide or transmit.

5. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Quiznos reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or any services therein, and, if applicable, to delete any such material from its servers. Quiznos intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

6. ALLEGED VIOLATIONS. To ensure that Quiznos provides a high quality experience for you and for other users of the Site and the services therein, you agree that Quiznos or its representatives may access your account and records on a case-by case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Quiznos does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Quiznos reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Quiznos believes that you have violated any of the Terms of Service or other agreement between Quiznos and you, furnished Quiznos with false or misleading information, or interfered with use of the Site by others, or if your use is no longer authorized per applicable Quiznos’ policies or due to termination of applicable agreements between you and Quiznos.

7. SERVICES. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services on the site. The Site and all services on it are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

8. NO WARRANTIES. QUIZNOS HEREBY DISCLAIMS ALL WARRANTIES. QUIZNOS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIZNOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. QUIZNOS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIMITED LIABILITY. QUIZNOS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUIZNOS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY QUIZNOS. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. The foregoing limitations shall apply even if any remedy fails of its essential purpose.

10. THIRD PARTY SITES. Quiznos has no control over, and no liability for any third party websites or materials, Content posted by other users of the Site, or for products and/or services offered by such third parties. Quiznos makes no guarantees about the accuracy, reliability, safety, currency, content, or quality of the information, goods or services provided by such third party vendors, sites or Content, and Quiznos assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or that was posted by other users, or for any products or services offered by third parties via use of such sites. All risk as to the use of such products, services or content rests solely with you.

11. PROHIBITED USES. Quiznos imposes certain restrictions on your permissible use of the Site. You shall not use the Site in any manner that could damage, disable, overburden, or impair any Quiznos server, or the network(s) connected to any Quiznos server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any Quiznos server or to any of the services on the site, through hacking, password mining or any other means. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Quiznos in providing the Site.

12. RELEASE. You agree to release and hold harmless Quiznos, its suppliers (including The Rocket Science Group), all of their respective affiliates, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Released Parties”) from any and all claims, losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with : (a) your unauthorized access to, or use of, the Site or services and software available on the Site, (b) your violation of these Terms of Service, (c) your use of User Submissions or conduct engendered thereby, or (d) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Further, in the event you have a dispute with one or more Site users, you release the Released Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
FOR CALIFORNIA RESIDENTS: You further agree that Terms of Service waives and releases any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.
You understand that you are releasing Quiznos from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.

13. EXPORT. You may not access, download, use or export the Site, or the content, software, products or services provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

14. COPYRIGHTS & TRADEMARKS. All contents of Site are: Copyright © 2006, 2007, 2008 The Quizno’s Master LLC. All rights reserved. Quiznos and other related marks or logos are trademarks or registered trademarks of The Quizno’s Master LLC or its affiliates.

15. GOVERNING LAW. The validity, construction, and performance of this Terms of Service, and all related disputes, shall be governed by the laws of the State of Colorado, excluding that body of law known as conflicts of laws and excluding the United Nations Convention on Contracts for the Sale of Goods. With respect to any dispute between you and Quiznos that arises with respect to these Terms of Service or your use of the Content or services within the site, you agree to submit to the exclusive jurisdiction of any state or federal court located in Denver County, Colorado, to bring such a suit, and you waive all objections based on venue or forum non convenient with respect to such courts and you agree not to commence any legal or equitable proceeding in any other court. These Terms of Service do not amend or alter in any way any provisions of the franchise agreement(s) entered into by you (or your affiliates) and Quiznos (or its affiliates).

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. ASSIGNMENT. These Terms of Service shall not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without the prior written consent of Quiznos. Any such purported assignment, delegation or transfer without Quiznos’ written consent shall be null and void. Quiznos may at any time assign these Terms of Service without prior consent or notice. These Terms of Service shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.
18. NO TRADEMARKS LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Quiznos or by any third party.

19. CONFIDENTIALITY. You shall retain in confidence the terms of these Terms of Service and all proprietary and confidential information transmitted to you by Quiznos. You shall safeguard proprietary and confidential information disclosed by Quiznos using the same degree of care you use to safeguard your own proprietary and confidential information but, in no event, shall you use less than a reasonable degree of care.
SUPPLEMENT:

EMAIL SERVICES
Quiznos is providing, via access to the Site, email accounts (“Email Services”) to Quiznos® Franchise Owners and Area Directors for use in communicating information from Quiznos to the Franchise Owners and Area Directors. Quiznos has contracted with a third party, The Rocket Science Group. (“MailChimp”) to provide the service. You should use the tutorial and on-line help features provided with the Email Services before directing any questions or requests for technical support to Quiznos. QUIZNOS IS WILLING TO ALLOW USE OF EMAIL SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE SITE TERMS OF SERVICE AND THIS SUPPLEMENT.

Definitions
In this Supplement to the Terms of Service, the following terms will be used and have the subsequent definitions assigned to them:

* The Rocket Science Group: the network infrastructure, hardware and software used to provide Email Hosting Services.

* Junk Email: spam, viruses, phishing scams, and other disruptive content.

No Uptime Guarantee
Quiznos does not guaranty that the Email Services will be continuously available.
Period of Performance
Quiznos reserves the right to terminate the Email Services at any time.

Email Message Filtering
Quiznos may elect to filter some Junk Email as a part of the Email Services. Email messages that are identified to be viruses may be rejected or deleted. However, you acknowledge and agree that it is not possible to assure that all such content will be accurately identified and that Quiznos is not obligated to do so. Quiznos does not guarantee that it will at all times accurately identify and block all (or any) of the Junk Email that you receives through the use of the Email Services. Quiznos also does not guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. You acknowledge and agree that Quiznos and The Rocket Science Group shall have no liability to you or any third party with respect to its Junk Email filter, any failure to receive any email as a result thereof, any receipt of Junk Email or the transmission of any viruses to your or any other computer system or email program. You agree to and understand the risks associated with using the Email Services and receiving and transmitting email messages via the Internet.
Email Message Storage
The Email Services have a fixed storage limit per mailbox. There is also a size limit per email message. Email messages when received may not be stored if the size of such email would put your mailbox over its storage limit or if the size of the message exceeds the per email message size limit. Quiznos has no responsibility to and may not monitor the size of a mailbox in order to prevent it from reaching its storage limit. You understand and agree that Quiznos and The Rocket Science Group assume no responsibility for the deletion of or failure to store email messages in excess of the agreed fixed storage limit.

Your Responsibilities
You are solely responsible for the Content of all emails sent by you using the Email Services. You represent and warrant that Content: (a) will not infringe or violate the rights of any third party including, but not limited to, intellectual property, privacy or publicity rights of others; (b) is not abusive, profane or offensive to a reasonable person; or (c) will not be hateful or threatening. You further agree that the Email Services provided to you hereunder will not be used (d) for illegal purposes or (e) to interfere with or disrupt other network users, network services or network equipment. Interference or disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and use of the network to make unauthorized entry to any other machine accessible via the network. You will direct all questions or requests for technical support to Quiznos (and not to The Rocket Science Group).

Acceptable Use Policy
You will adhere to The Rocket Science Group Acceptable Use Policy set forth at http://mailchimp.com/legal/ incorporated herein by reference with respect to the use of the Email Hosting Services. You are a “Customer” (but not a “Reseller”) for purposes of interpreting the Acceptable Use Policy.

Personal Information
To the extent that Quiznos or The Rocket Science Group obtain personal information about you through your use of the Email Services, Quiznos or The Rocket Science Group may share your personal information with third parties without your express permission if certain circumstances apply. With respect to the release of personal information, such circumstances exist when the disclosure of such information is legally required or requested by a governmental entity, or when Quiznos or The Rocket Science Group, acting in good faith, believe that the disclosure of such information is necessary to conform to legal requirements or comply with legal process, protect the rights of Quiznos or The Rocket Science Group, prevent a crime or protect national security, or protect the personal safety of any of their customers or the public. Neither Quiznos nor The Rocket Science Group will contest or challenge the legal process or require a court order.

Rights
Notwithstanding anything to the contrary stated herein, The Rocket Science Group maintains all rights, title, and interest in the Email Services and all software applications underlying such Email Services excluding any software applications acquired through commercial vendors or the open-source community. You may not use the Email Services in a resale capacity or allow or share access to the Email Services.
No Warranties
Quiznos and The Rocket Science Group make no promises or warranties that are not expressly provided in the other terms of this Terms of Service. In addition, Quiznos and The Rocket Science Group do not warrant: (a) that the functions contained in the Email Services provided will meet your requirements; or (b) that the operation of the Email Services will be uninterrupted, accurate or error free; or (c) that the Email Services will be secure. With that in mind, you are hereby advised not to use the Email Services for any personal or other communication that needs to be secure or private.

EXCLUSION. THE WARRANTIES AND GUARANTEES EXPRESSLY PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT.

Limitation of Liability
Notwithstanding anything to the contrary herein: (a) Quiznos and The Rocket Science Group will not be liable for any losses, claims, expenses or damages arising out of use, or inability to use, the Email Services; and (b) Quiznos and The Rocket Science Group will not be liable for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method.

Quiznos and The Rocket Science Group shall not be liable for any special, incidental, indirect or consequential damages or for loss of profit, revenue, or data, even if Quiznos or The Rocket Science Group shall have been advised of the possibility of such potential loss or damages.

SUPPLEMENT:
END USER LICENSE AGREEMENT FOR WEB-BASED TOOLS
TQSC II LLC (“QUIZNOS”) IS WILLING TO PERMIT THE PERSONAL USE OF SOFTWARE AND DOCUMENTATION, IF ANY, EITHER AS INSTALLED ON A PERSONAL COMPUTER AND/OR AS ACCESSED FROM A REMOTE SERVER OR AS FUNCTIONALITY OFFERED ON THE SITE (“SOFTWARE”) TO YOU (AN INDIVIDUAL PERSON AS WELL AS A SINGLE LEGAL ENTITY FOR WHOM YOU WORK, COLLECTIVELY, “YOU”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE SITE TERMS OF SERVICE AND THIS END USER LICENSE AGREEMENT (“EULA”). THE TERM “YOU” INCLUDES ANY SIGNATORY TO A QUIZNOS® FRANCHISE AGREEMENT WITH TQSC II LLC OR ANY OF ITS AFFILIATES. THE TERM “SOFTWARE” INCLUDES ANY UPGRADES, PATCHES, ERROR CORRECTIONS, SUPPLEMENTS OR ADD-ON COMPONENTS THAT QUIZNOS MAY LATER PROVIDE TO THE EXTENT SUCH ITEMS ARE NOT ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE ACCESSING, INSTALLING OR USING THE SOFTWARE. BY ACCESSING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THIS EULA, YOU MAY NOT ACCESS, INSTALL OR USE THE SOFTWARE.

The Software is Quiznos confidential information protected by intellectual property laws and treaties and is licensed, not sold.

License Rights.

1.1
Subject to Your compliance with this EULA, to the extent of Quiznos’s intellectual property rights in the Software, You are granted a non-transferable, non-sublicensable and non-exclusive license to, upon submission of valid Access Information, install (if applicable), access and use a single copy of the Software on a single personal computer, and to make print outs, for Your internal use only and not for distribution, in accordance with personal use of the Software. No other right or license is granted hereunder, and no other right or license shall be implied by conduct or otherwise.

1.2
You shall not copy, modify, publish, transmit, display, perform, create derivative works from, make improvements of, distribute or share use of the Software with others, or sublicense, rent, lease, or commercially host the Software.

1.3
All rights not expressly granted in Section 1.1 are reserved to Quiznos. Quiznos and/or its suppliers retains all right, title and interest in the Software, including its organization, user interface and presentation, and all associated intellectual property rights. You acknowledge that the structure, sequence, user interface, presentation, organization and code of the Software are the valuable trade secrets and copyrighted confidential information of Quiznos and its licensors.

1.4
You acknowledge and agree that unauthorized use, reproduction or distribution of the Software and Access Information could cause substantial and irreparable injury to Quiznos, the extent of which would be difficult to ascertain, and that as such Quiznos shall be entitle to seek immediate injunctive relief in any court of competent jurisdiction under the applicable laws thereof.

Restrictions.
2.1
The Software is licensed as a single product. The Software’s component parts shall not be separated for use on more than one computer.

2.2
You shall not reverse engineer, modify, decompile, disassemble or otherwise attempt to derive the source code or other information from the Software.

2.3
Without prejudice to any other Quiznos rights or remedies, the rights set forth in Section 1.1 above shall automatically terminate if You fail to comply with the terms and conditions of this Quiznos or any other related agreement with Quiznos or any Quiznos affiliated company. In addition, such rights shall terminate in the event of termination or expiration of a franchise agreement between TQSC II LLC (or any of its affiliates) and You, if any. In such event, You immediately must destroy all copies and/or cease all use of the Software. Quiznos reserves the right to terminate all use of or access to the Software at any time.

2.4
It shall be Your sole responsibility to ensure that data generated by You and that You upload or incorporate for use with or processing by the Software is protected from unauthorized use or disclosure. Further, You shall be solely responsible for providing and maintaining all hardware, software, and network connectivity as may be required for use of the Software.

2.5
You acknowledge and agree that Quiznos may at any time, with or without notice, terminate this EULA, modify, temporarily or permanently, the Software in whole or in part, or suspend or terminate access to the Software altogether.

2.6
Quiznos shall not be liable for any failure, delays, unavailability, or errors of the Software and availability of data processed by the Software caused by events beyond Quiznos’s reasonable control, including network disruptions, acts of war, natural disasters, changes in law, labor disputes or work stoppages, terrorist or military actions, civil disturbances, etc.

Disclaimers.
3.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUIZNOS AND ITS SUPPLIERS PROVIDE THE SOFTWARE TO YOU “AS IS” AND WITH ALL FAULTS, AND QUIZNOS AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY.

3.2
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, OR USE OF THE RESULTS, DATA OR OUTCOMES GENERATED OR SUGGESTED BY THE SOFTWARE, REMAINS WITH YOU; QUIZNOS DOES NOT REPRESENT OR WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. QUIZNOS DOES NOT REPRESENT OR WARRANT THAT USE OF THE SOFTWARE WILL MEET YOUR PURPOSES OR OBJECTIVES. QUIZNOS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY SOFTWARE OR HARDWARE PROVIDED BY PARTIES OTHER THAN QUIZNOS. AS THE DATA AND BUSINESS LOGIC TO BE USED IN CONJUNCTION WITH THE SOFTWARE IS GENERATED SOLELY BY YOU, QUIZNOS SHALL NOT BE LIABLE IN ANY WAY UNDER ANY THEORY OF LIABILITY FOR INACCURACY OR INCOMPLETENESS OF THE DATA.

3.3
NOTHING CONTAINED IN THIS EULA, QUIZNOS’S WEBSITE(S), OR THE SOFTWARE IS INTENDED TO RENDER LEGAL, BUSINESS OR FINANCIAL ADVICE FROM QUIZNOS TO YOU, AND NO SUCH LEGAL, BUSINESS OR FINANCIAL ADVICE SHALL BE INFERRED FROM ANY OF THE FOREGOING. YOU ARE WHOLLY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL LAWS, RULES OR REGULATIONS APPLICABLE TO YOUR ACTIVITIES AND OPERATIONS. THE SOFTWARE IS NOT INTENDED TO REPLACE YOUR OWN BUSINESS JUDGMENT, AND ITS USEFULNESS AND ACCURACY OF RESULTS DEPENDS ON THE ACCURACY AND COMPLETENESS OF THE DATA AND BUSINESS LOGIC YOU INPUT.

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