Schlotzsky's Franchise LLC Internet Site Terms of Use

THE TERMS STATED BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF SCHLOTZSKY'S FRANCHISE LLC, AND ITS AFFILIATES (COLLECTIVELY, "SCHLOTZSKY'S"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS STATED BELOW. SCHLOTZSKY'S RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE WILL NOTIFY YOU OF THESE REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR CONSENT TO THESE CHANGES.

General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by SCHLOTZSKY'S.

SCHLOTZSKY'S grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the SCHLOTZSKY'S copyright notice (stated below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) the display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. On termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

Except as stated in these Terms, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of SCHLOTZSKY'S.

Third Party Content
Third parties may provide certain information and content to SCHLOTZSKY'S ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of these third parties. Please contact the appropriate third party for further information regarding these terms. SCHLOTZSKY'S DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

No Framing
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of SCHLOTZSKY'S or its licensors, respectively.

Links to Third Party Sites
This Site may provide links to other Web sites or resources over which SCHLOTZSKY'S does not have control ("External Web sites"). These links do not constitute an endorsement by SCHLOTZSKY'S of those External Web sites. You acknowledge that SCHLOTZSKY'S is providing these links to you only as a convenience, and further agree that SCHLOTZSKY'S is not responsible for the content of External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy
Your use of the Site is governed by the SCHLOTZSKY'S Privacy Policy that is available as part of this document (the "Privacy Policy").

Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not SCHLOTZSKY'S, will have full responsibility for each Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated in these Terms or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that SCHLOTZSKY'S will be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant SCHLOTZSKY'S a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that SCHLOTZSKY'S agrees to use any personally identifiable information included in your Submissions in accordance with SCHLOTZSKY'S Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO SCHLOTZSKY'S.

TRADEMARKS and COPYRIGHTS
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of SCHLOTZSKY'S or others used on this Site are the property of SCHLOTZSKY'S or their respective owners. You may not remove or alter any Trademark. You may not use any Trademarks displayed on the Site without the express prior written permission of SCHLOTZSKY'S or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use these Trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of SCHLOTZSKY'S, Copyright © 2007, unless otherwise stated. All rights not expressly granted in these Terms are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification
You agree to defend, indemnify and hold harmless SCHLOTZSKY'S, FOCUS Brands, Inc. and their respective affiliates, representatives, officers, directors, members, partners, agents and employees from and against all liabilities, claims, costs and expenses, including attorneys' fees that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by SCHLOTZSKY'S, and agree that SCHLOTZSKY'S does not warrant the accuracy or timeliness of the Materials and further agree that SCHLOTZSKY'S has no liability for any errors or omissions in the Materials, whether provided by SCHLOTZSKY'S or its licensors.

SCHLOTZSKY'S, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Limitation of Liabilty
NEITHER SCHLOTZSKY'S NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SCHLOTZSKY'S WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES.

General
SCHLOTZSKY'S controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Travis County, Texas. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then this provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SCHLOTZSKY'S to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to by SCHLOTZSKY'S in writing. These Terms comprise the entire agreement between you and SCHLOTZSKY'S and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.

Thank you for visiting this Schlotzsky's Franchise LLC web site ("Site"). This privacy policy explains the policies implemented throughout Schlotzsky's Franchise LLC ("Schlotzsky's") governing Schlotzsky's use of personally identifiable information provided to Schlotzsky's via this Site.

Privacy Policy Updates
Due to the Internet's rapidly evolving nature, Schlotzsky's may need to update this Privacy Policy from time to time. If so, Schlotzsky's will post its updated Privacy Policy on this Site so that you are always aware of what personally identifiable information we may collect and how we may use this information. Schlotzsky's encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site will be subject to the then-current Privacy Policy.

What We Collect and How We Use It
Generally, you may visit this Site without providing Schlotzsky's with any personally identifiable information. We collect personally identifiable information about you only if you voluntarily provide it to us and you have the option not to provide any personally identifiable information to us. You may voluntarily provide to us personally identifiable information such as your name, address, email, phone number and other contact information, when you contact Schlotzsky's, submit a request to Schlotzsky's, fill out feedback or survey forms, enter contests or sweepstakes, or subscribe to mailings or notices concerning Schlotzsky's or our products. If you submit a request for a franchise, we will also collect certain financial information and business background information from you but we will only use your personally identifiable information to process your request. If you apply for a job with us online, we will collect your personally identifiable information that you submit to us in connection with your job application but we will only use that information to process your request. We may also collect other personally identifiable information that you choose to include in any communications that you send to us. We may use your personally identifiable information to respond to your requests for information, to administer surveys, contests and sweepstakes, provide you with information and/or mailings or notices that you have requested, provide you with notices regarding products that may be of interest to you, and to improve the content and general administration of the Site. If you request that Schlotzsky's send certain information or a greeting to a friend, we may ask you to submit your friend's email address and we will only use this email address to send the requested information or greeting.

We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, computer and browser type, version and domain, dates and times of use of each page of our Site, and any third party Web site from which you transferred to link to this Site, and we may analyze these data for trends and statistics in the aggregate, but this information will be in aggregate form only and it will not contain personally identifiable information. This aggregate information is not linked to any personal information that can identify any individual person. We may use this aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use and to improve our Site.

Disclosure
We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us. For example, we may provide your personally identifiable information to our Site hosting company who assists us in operating our Site or to a third party service provider to provide marketing or advertising on our behalf. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to prevent harm to yourself or others. Additionally, we may disclose your personally identifiable information, in our sole discretion, to law enforcement agencies to assist in any investigation. In addition, we may transfer this information to a successor entity on a merger, consolidation or other corporate reorganization in which Schlotzsky's participates or to a purchaser of all or substantially all of Schlotzsky's assets related to this Site. Any successor entity will be bound by the terms of this privacy policy.

FOCUS Brands
Schlotzsky's is a brand of FOCUS Brands Inc. As such, we may share your personally identifiable information with FOCUS Brands Inc. and its subsidiaries or affiliated entities ("Affiliated Entities") for purposes described above, as well as for sending you information about the programs of FOCUS Brands Inc. or its Affiliated Entities, and, occasionally, sending you advertising/promotional material from some of their advertising and strategic partners. We likewise reserve the right to transfer any and all information that we collect to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Schlotzsky's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Children's Policy
Schlotzsky's recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. No personally identifiable information is collected by Schlotzsky's from children under the age of 13 and this Site is not intended for children under the age of 13. Schlotzsky's does not target its services or this Site to children under 13. Schlotzsky's does not knowingly collect personally identifiable information from children under the age of 13.

Links to Third Party Sites
This Site includes links to other Web sites on the Internet that are not under the control of or maintained by Schlotzsky's ("Third Party Sites"). These links do not constitute an endorsement by Schlotzsky's of these Third Party Sites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that Schlotzsky's is providing these links to you only as a convenience, and you agree that Schlotzsky's is not responsible for the content of Third Party Sites. Your use of these Third Party Sites is subject to the respective terms of use and privacy policies located on the Third Party Sites.

Security
We may employ procedural and technological measures, consistent with industry practice that are reasonably designed to protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction.

Correction/Updating Personally Idetifiable Information
Schlotzsky's provides you with the ability to correct or delete any of the personally identifiable information that you have provided to us. If you wish to correct or delete any information you have provided to us, you may contact us by email at: custsvcs@schlotzskys.com or by mail at: 301 Congress Avenue, Suite 1100, Austin, Texas 78701.

If you have questions or comments regarding Schlotzsky's privacy practices you can contact us at: custsvcs@schlotzskys.com . We will be sure to address your concerns.

This Privacy Policy is effective as of November 20, 2006.