TERMS OF USE

I. Eligibility to use the Services

The Services are not intended to be used by, or targeted to, anyone under the age of majority in the jurisdiction where you reside (which in most cases is 18 years old or older. If you are under the age of majority in your state of residence and thus a minor, your parent or guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or guardian. The person using the Services is representing that such person is an adult of the legal age of majority in your place of residence or otherwise authorized as outlined above.

II. Independent Businesses Operate Many Restaurants

While we own and operate the digital Services, many of our LJS Restaurants are owned and operated by independent operator “Franchisees” and others are operated by LJS subsidiaries. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and any other related matters in their locations.

III. About the Services, Content and Marks

The Services may not be available in all geographic areas, and any particular Service, such as mobile application based ordering or delivery, may be subject to Franchisee and LJS Restaurant participation, where applicable. Where available, prices and participation may vary.

Payment for the Services is by credit card only, and we reserve the right and absolute discretion to determine which credit cards we will accept. We may also, at our discretion, accept payment via mobile applications such as Apple Pay, Google Pay, Paypal and other third-party services, and should we do so, you will be required to comply with the terms of service of such third-parties and we make no representations and have no control over such third-party payment processors. In some cases, you may also be able to use Gift Cards to purchase certain Services, and such purchase will be subject to the Gift Card Additional Terms incorporated herein. Cash, personal checks and cashiers/certified checks, money orders or any other form of payment will not be accepted for any digital Services. It is your responsibility to verify the items, quantities, costs, shipping fees, tax, payment method and shipping or delivery address for any orders placed through the Services prior to submitting such an order for credit card authorization. Submission of your order constitutes an offer by you to purchase, and LJS reserves the right to accept or reject your offer. We can only accept orders through the Services with a billing and shipping address within the 50 United States.

Other than User Content, we own or license all right title and interest in and to the the Services and all content, information and other materials featured, displayed, contained and available through the Services, including (but not limited to) all text, media, page headers, button icons, images, audio clips, digital downloads, data compilations, software, audio, video, data, the “look and feel” of the Services, designs, advertising copy, the compilation, assembly and arrangement of the Services and their content, and all other content and materials related to the Services (the “Content”) and all of our trademarks, logos and brand elements (our “Marks”) are owned and/or licensed by LJS or its affiliates and are protected by copyright, trademark, trade dress, patent and/or other intellectual property rights and unfair competition laws under United States and foreign laws. The Services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

LONG JOHN SILVER’S, SEAS EVERY MOMENT, THE SEACRET SOCIETY LOYALTY PROGRAM, ADD A PIECE, AND FISH YEAH! and other trademarks, service marks, and trade dress appearing on the Services are the trademarks or service marks of Long John Silver’s, LLC or its third-party licensors in the United States and other countries. The absence of a trademark notice or legend indicating the registration or ownership by LJS or such third-party licensor anywhere in the text of the Services does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the Services. We do not permit third parties to use LJS Content or Marks in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. You are strictly prohibited from using any Content or Marks except as expressly provided in these Terms and Additional Terms.

IV. Your Limited License to Use the Services

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited right to access and use the Services for personal, informational and consumer transactional purposes only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the Content or displayed in connection with the Services; (b) you do not use the Content or Services in a manner that suggests an association with any of products; and © you make no modifications to the Content. Use is herein defined to include a license to access, interact with, and display the online services. This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any Content therein, nor does it permit the modification or the making of derivative uses of the Content or Services for any purpose, or the use of any data mining, spiders, robots, or similar data gathering or extraction methods thereon. Any unauthorized use of the Content or Services is prohibited and all other rights in and to the Content and the Services and the goodwill associated with them remains with and is reserved for us. Nothing in these terms is intended to transfer any such rights to, or to vest any such rights in, you, and nothing herein is intended to grant to you by implication or otherwise any licenses in the Content or Services except for the express rights granted to you under these Terms. You may not take any action to jeopardize, limit or interfere with LJS’s or its licensor’s rights.

You agree to abide by all additional terms, conditions and restrictions included within the Services, the Content, or the features, programs and services offered and/or accessible therein.

Display of any menu items in connection with the Services does not mean that the menu item is available as all items are subject to availability and while supplies last. We make a reasonable and good-faith effort to display and describe menu items available through the Services accurately and completely. However, the detail and accuracy of images and specifications of menu items that you see will depend on a number of factors that may vary. As such, we do not guarantee that the products, images, services or descriptions to you are or will remain accurate or complete in all details.

We may, at any time, for any reason, and without any notice or liability to you: (1) update the products, images, available features, services and specifications, (2) modify, terminate or suspend operation of or your access to the Services or any portion of the Services; (3) change, revise or modify the Services, Contents or a portion of such Services or Content; (4) interrupt the Services to perform any required maintenance or for any other purpose at LJS’s sole discretion; (5) set limits or regulations on any program, feature, or any other part of the Services, or set limits with respect to your access thereto; or (6) immediately terminate all of your authorizations, rights and licenses given above, upon which you must immediately destroy and delete all Content and cease any access or attempted access to the Services.

V. Your Registration and Privacy Rights – Multi-Factor Verification

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect and share your personal information and other data with others. When you agree to these Terms you acknowledge that you have reviewed or been provided the opportunity to review our Privacy Policy and that you agree to our handling of your personal information as described in such Privacy Policy.
In order to access certain Services and Content you may be required to provide us and certain third party affiliates with certain user information about you and complete a registration process and/or setup an account. In connection with creating an account and registering for the Services, you agree to (1) provide true, current, accurate and complete information, and (2) maintain and update your information to ensure that it remains true, current and accurate. The decision to provide this information is strictly optional. However, if you choose not to provide this information you may not be able to access certain Services or features. If you register with us, you are responsible for all activities that occur under your account or password and are responsible for maintaining the confidentiality of your password and account information. You may not use anyone else’s login or account without their express written permission.
You will be required to provide a one-time code sent to you via text message or email when you sign-up or log-in to your account, commonly referred to as “Multi-Factor Authentication.” This is done to protect your data and information and comply with our data security practices. You acknowledge and agree that LJS can send you this one time code for authentication as LJS deems it necessary. Message and data rates may apply, and you should contact your wireless provide for more information about your text plan or data plan. Because of this security measure, we will require a valid phone number upon sign-up and registration of your account. We are not responsible for your inability to log-in to your account or any loss arising from your failure to enable transmissions from LJS for proper account authentication. LJS shall not be liable for any loss or damage arising from your failure to comply with your obligations outlined in the Terms.

In some cases the Services may support sign-on from third-party platforms to make it easier for you to sign in or create an account. When you sign-in, you may be asked to establish an account by providing your name, email address, mobile phone number, and a password. If you elect to sign-on through a third-party platform, you may be able to use those credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. You may disconnect the account from the third-party platform at any time by updating the settings in that account or by removing the authorization through the settings of that account. If the third-party service becomes temporarily or permanently unavailable for any reason, if you elect to delete your account with that third-party platform used to access the Services, or if you unlink your account on the third-party platform from your LJS Services account, you may not be able to log into your LJS account though that third-party platform.

VI. How We Communicate

Upon registering or signing up for any Services, you are communicating with us electronically, and are consenting to receive communications from us. You may opt in to receive emails or text messages to the mobile number you provide to us or push notifications from us. When enter into these types of communications, you understand and consent that you will receive marketing, transactional, and other messages from us. We may us the information you have provided to us to communicate with you in accordance with our Privacy Policy and California Privacy Notice. You have a choice in how we communicate with you and you can change those preferences in the profile section of the Services that you use, and also often in the device settings of the device you use to access the Services. In addition, certain communications contain instructions on how to opt out, such as the “unsubscribe” link in email communications. Opting out of one type of communication will not necessarily opt out of all communications and you may continue to receive marketing and other communications in those other mediums. For some communications regarding the Services, the only way to stop receiving certain messages is to close your account.

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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. You understand and agree that LJS and Franchisees, and anyone contacting you on their behalf, may send communications to you in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system, including but not limited to communications concerning orders placed through your account on the Services

VII. Your Use of the Services

You are responsible for your use of the Services and for any devices, software or services needed to use the Services. We do not guaranty that the Services will fully function on any particular device or with any particular software. You are solely responsible for any messaging and data charges, fees and taxes related to your use of the Services, including when we initiate communication with you by text, email or other means that you chose. You must only use the Services from devices you are authorized to use.
LJS strives to create a sea-worthy and fun experience for our guests, and thus we do not allow certain kinds of conduct that we view as harmful to our guests or us. You may not, and may not allow other third parties, to:

  • violate any law or regulation or violate these Terms;
  • violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any other party or delete or change any copyright, trademark or other proprietary notices;
  • use the app while driving or while behind the wheel or controls of a vehicle that is moving and not in “park” and you should only use the Services when it is lawful and safe to do so;
  • post, transmit, submit, or share anything that is false, misleading, unlawful, illegal, abusive, harassing, harmful to reputation, defamatory, vulgar, sexually explicit, indecent, profane, obscene, hateful, racist, or otherwise objectionable or engage in conduct for unlawful, fraudulent or malicious purposes (as determined by LJS in its sole and absolute discretion);
  • send unsolicited or unauthorized advertising or commercial communications, such as spam and junk mail, or for other commercial purposes;
  • use any “deep-link”, page scrape, screen scraper, offline reader, robot, spider, or other automatic device, program, algorithm, or methodology, or similar equivalent manual process, designed to (1) access, acquire, copy, monitor or collect the Content or any other data from the Services, (2) reproduce or circumvent the navigational structure of the Services and Content, or (3) obtain or attempt to obtain access to the Services or Content through means not purposely made available through the Services;
  • transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other computer instructions or technological means whose purpose is to disrupt, destroy, damage, or interfere with the use of the Services, Content, computers or related systems;
  • stalk, harass, threaten, intimidate or engage in conduct that is intended to or does harm, harass or offend any other individual, including LJS, third-party delivery services, third party delivery drivers, licensees, customers, Franchisees, partners or anyone else engaged in the provision of Services or creation of Content;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing, or otherwise attempt to gain unauthorized access to any Services, Content, accounts, features, systems or networks through hacking, password mining or any other means;
  • use any means to scrape or crawl any Web pages contained in the Site or the Services or to harvest or otherwise collect information about individuals;
  • attempt to or actually cause damage to or through the Services or to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services, or otherwise engage in conduct that could disrupt, damage, disable, overburden or impair the Services or the systems, servers and networks used in the provision of the Services;
  • decipher, decompile, modify, translate, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services, or engage in any attempt to do so;
  • create a frame or create a browser or border environment around the Services or otherwise mirror any part of the Services;
  • use the Services in any way that results in the commercial resale of LJS products without the prior written consent of LJS;
  • transfer or attempt to redeem any Coins or Rewards in violation of the Loyalty Program Additional Terms or other terms applicated to the LJS Seacret Society Rewards Program; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

We reserve the right to prohibit access, use, conduct, communications or content that we in our sole and absolute discretion deem to be harmful to LJS, Franchisees, our guests, users, partners, the LJS brand or any other person or entity, or to anyone who otherwise violates these Terms and/or applicable law. For the avoidance of doubt, we reserve the right to terminate, suspend or cancel your account, terminate your access or otherwise refuse your use of the Services if we believe that you have violated or acted inconsistently with these Terms or in a way that has harmed our interest (in our sole and absolute discretion). Any decision we make shall be final and binding and not subject to any third-party review.

VIII. User Content and Submissions

The Services may allow you to upload, store, send, or receive content and data (“User Content”). User Content does not include Submissions (defined below). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Services, including without limitation, through use of LJS-branded hashtag(s), you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Services, Content, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services for any reason (including through termination, suspension or limiting of your rights to use the Services).

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You understand and agree that any use by us of User Content is in our sole discretion - we have no obligation to utilize User Content you submit. We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Content or Services or any other service or location for any reason.

Some online services may allow you to send comments, remarks, survey responses, information request responses, images, suggestions, ideas, graphics, photographs, questions, complaints, ideas or other communications (each a “Submission” and collectively “Submissions”) through the Services, including those on a public-facing forum made available through the Services. You understand that by submitting any Submissions to LJS through the Services, you will be deemed, at LJS’s discretion (which may be exercised at any time after a Submission), to transfer to LJS all present and future ownership and and intellectual property rights in such Submission. All Submissions by you are voluntary. LJS has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission. You agree that LJS has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a Submission. We may, with or without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that we deem in our absolute discretion to violate these Terms or otherwise conclude (in our absolute discretion) are irrelevant or inappropriate, or represent us in a negative way or manner not consistent with our brand and/or reputation. If any court determines that LJS does not retain exclusive ownership of any Submission, then LJS retains a fully-paid royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the Submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our Privacy Policy regarding use of your feedback and Submissions. You expressly waive any and all claims against LJS in connection with LJS’s consideration, use or development of any product, design, concept or other materials similar or identical to your Submission now or in the future.

You are fully responsible for your Submissions and agree that the Submissions comply in all respects with these Terms. You may not include any content that is the property of another (i.e. protected by copyright, trademark or other intellectual property rights) unless you have the express, written permission to do so. You agree that any statements you make about us or any of our products, services or programs in any Submission that you make and/or your User Content accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

IX. Promotions, Deal, Contests; LJS Seacret Society Loyalty Program

By participating in the Services, you may have the possibility of receiving deals, raffles, surveys, sweepstakes, contests, promotions and other offers (individually each a “Promotion” and collectively “Promotions”). The Terms apply to each Promotion offered through the Services, including the dispute resolution procedures and rules set forth herein. Certain promotions may only be available through a particular Service. Each promotion is subject to availability and at participating restaurants only. Promotions may not be accepted at some LJS restaurants, including some Franchisee-owned LJS Restaurants, non-participating LJS Restaurants and other LJS Restaurants, such as co-branded LJS Restaurants (where more than one brand is offered), airports, college campuses and other non-traditional spaces. Each Promotion is only available through the expiration date. Promotions may result in different amounts charged to different users for the same or similar Services. Promotions are not gift cards and may expire and/or impose fees. Serving times may apply to specific Promotions. Unless otherwise stated, each Promotion is single-use only and upon redemption the Promotion will no longer be available to you. Only one Promotion can be used per restaurant visit, and use with other Promotions may be restricted. Promotions are non-transferable. Promotions are not eligible for cash refunds and have no cash value. Promotional offers are subject to change or withdrawal at any time and without notice. Promotions are void where prohibited, taxed, or if reproduced, altered, purchased, distributed, auctioned or sold. By participating in any Promotion you agree to be bound by the applicable Promotion terms and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with any such Promotions.

Some Promotions offered via the Services may be governed by a separate set of rules that may have eligibility requirements such as certain age or geographic restrictions. By participating in the Promotion you agree to be bound by and comply with those terms, including any terms set by any identified sponsor(s).

LJS’s rewards program, the Seacret Society Loyalty Program, is offered to eligible registered users of the Services to receive promotional rewards and benefits that include contests, menu updates, special invitations, sweepstakes and other promotions (among other rewards). If you are a member of the Seacret Society Loyalty Program, the Loyalty Program Additional Terms will apply to your use of the Services and membership in the Seacret Society Loyalty Program. If you do not agree to the Loyalty Program Additional Terms, you cannot participate in the Seacret Society Loyalty Program To the extent that there is any conflict between these Terms and the Additional Terms for the Seacret Society Loyalty Program, the Terms will control unless the Loyalty Program Additional Terms expressly state otherwise. However, in all events, the Arbitration Agreement outlined in these Terms shall apply for any and all disputes between you and LJS. Any other provisions of these Terms not addressed in the Loyalty Program Additional Terms shall otherwise govern your membership in the Seacret Society Loyalty Program.

X. Digital Ordering

This section applies to orders you place with LJS Restaurants using the Services, including through the LJS App (as defined below) and the LJS Website www.ljsilvers.com (the “LJS Website”). Please review this section before you send any orders to LJS Restaurants using the Services.

Many of the LJS Restaurants are Franchisees unaffiliated with LJS. Digital Ordering may not be available for all LJS Restaurants, and not all LJS Restaurants sell all LJS menu items. Images of menu items through the Services are examples only and may not be identical to what you receive or what is available at an LJS Restaurant. Differences may be due to your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

You are responsible for payment of your order by means of a payment option made available through the online ordering Services at the time of ordering. Before you submit an order through the Services you must provide a valid form of accepted payment to use with your order. Payment for the Services is by credit card only, and we reserve the right and absolute discretion to determine which credit cards we will accept. We may also, at our discretion, accept payment via mobile applications such as Apple Pay, Google Pay, Paypal and other third-party services, and should we do so, you will be required to comply with the terms of service of such third-parties and we make no representations and have no control over such third-party payment processors. In some cases, you may also be able to use Gift Cards to purchase certain Services, and such purchase will be subject to the Gift Card Additional Terms incorporated herein. Cash, personal checks and cashiers/certified checks, money orders or any other form of payment will not be accepted for any digital Services. It is your responsibility to verify the items, quantities, costs, shipping fees, tax, payment method and shipping or delivery address for any orders placed through the Services prior to submitting such an order for credit card authorization. Submission of your order constitutes an offer by you to purchase, and LJS reserves the right to accept or reject your offer. We can only accept orders through the Services with a billing and shipping address within the 50 United States.

LJS will charge, and you authorize LJS to charge, the payment method you specify at the time of your digital order. We reserve the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is still valid. We use third party providers and may accept various third-party services to process payments. You are permitted to update your saved payment information if there are changes to that information.

The operator of the LJS Restaurant identified when you place your digital order, which may be a Franchisee location, is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. If you are purchasing from a Franchisee location, LJS does not prepare the items you are purchasing from the Franchisee and the Franchisee remains responsible for all items that you purchase.

You understand that: (i) the prices for menu items displayed through the Digital Ordering Services may differ from the prices offered or published for the same menu items at a physical LJS locations (ii) the prices for menu items may differ depending on geography and specific LJS restaurant within any geography, as each LJS Restaurant sets its own prices and independently applies additional taxes and fees as required by law (iii) the prices for menu items may differ depending on whether you order for dine-in, pick up or delivery (separate from any delivery fee(s)), (iv) the prices for menu items may differ depending on whether you order from a LJS-operated LJS Restaurant or a Franchisee location, and (v) LJS reserves the right to change the prices displayed through the online ordering Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, separately stated delivery and service fees, or other related surcharges. Charges paid for completed orders are final and non-refundable. The decision regarding how to resolve any refund request is in the discretion of the restaurant where you purchased the product (excluding delivery). LJS has no obligation to provide refunds or credits, but may grant them, in our sole discretion. If you discover an error in the price of a product charged to you, please contact the LJS Restaurant where you purchased the product to discuss the matter. LJS Restaurant operators may require verification to verify your purchase and order. For online orders other than delivery, they must be collected in person from the LJS restaurant. You own the products after you collect them.

Minimum order amounts may apply for orders placed through the online ordering Services. Any applicable taxes and fees, separately stated delivery and service fees, small order fees, or other related surcharges due in connection with your order will be identified on the checkout screen before you place your order. If you do not agree to the prices charged for the items listed or any delivery fee, service fee or related surcharge identified on the checkout screen, do not proceed with ordering. There may be limits on the dollar amounts and number of orders that may be placed through the Digital Ordering Services. Discounts, coupons and other offers may not all be able to be combined with orders placed through online ordering Services. You may be able to, and in some circumstances, you may be required to, use your Seacret Society Loyalty Program account in connection with certain ordering through the online Digital Ordering Services, in which case the Loyalty Program Additional Terms will also apply. Certain accounts (for example, a corporate catering account) will have limitations on available functionality as identified by the account holder. If there are any conflicts between these Terms and the Loyalty Program Additional Terms, these Terms will control.

Third parties may offer digital ordering services through their own websites, mobile applications or other means. LJS does not review and is not responsible for any statements or claims (including price representations) made on those third party sites or apps and has no responsibility to you for an order made through a third party. Any issue with or complaint regarding any of these third party services or orders placed through them should be directed to that third party and not to LJS.

We may also provide you the ability to order Gift Cards through the Services. The Gift Card Additional Terms apply to Gift Card orders placed through the online ordering Services. If there are any conflicts between these Terms and the Gift Card Additional Terms, these Terms will control.

XI. Delivery Services

Delivery may be available for qualifying orders placed through the digital ordering Services for participating LJS Restaurants in certain geographic areas (where available), including via the LJS website at www.ljsilvers.com and the LJS App. You understand that the delivery program is considered part of the Services covered by these Terms. Please read these terms before you place any delivery orders through the LJS App or through the LJS website at www.ljsilvers.com. To participate in the delivery program you will need to provide certain information including your address, name and phone number, and LJS may share the information with the third-party delivery provider assigned to your order. Such information will be subject to the LJS Privacy Policy and third-party privacy policy (if applicable).

Enter your address on the LJS website or access the App to see nearby LJS restaurant locations and delivery options. Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. LJS and Franchisees are not responsible for inaccurate delivery time estimates or late deliveries. LJS restaurant locations that offer delivery may also offer an order or location tracking system via your mobile phone. Data usage or other like fees owed to your mobile carrier may apply.

Orders must be placed within delivery times and for delivery within the specified radius of the participating LJS Restaurant. Not all LJS Restaurants offer delivery Services and, if delivery is available, it may be available only to a limited geographic area. Delivery hours may be limited and may vary. Delivery orders require a minimum order of a certain amount (before applicable taxes and fees, such as small order fee and delivery fee), and such minimum quantities and dollar amounts may vary by each participating LJS Restaurant location. The delivery fee does not include a voluntary tip or gratuity provided to the driver. Delivery orders must be placed using applicable digital ordering Services. Where available, you may be able to earn and redeem rewards on eligible LJS Restaurant delivery orders through the LJS Seacret Society Loyalty program, the LJS App and the LJS website. The following items are not considered qualifying purchases for purposes of accruing Coins under the LJS Seacret Society Loyalty Program: amounts paid in delivery fees, order fees (such as small order fees or large order fees), purchases of Gift Cards, surcharges, gratuity, and transactional taxes (such as sales, use or other taxes).

Applicable (additional) delivery fees and service fees may vary by location and are subject to change at any time. Some locations may charge a supplemental delivery charge based on generally higher delivery costs or other factors. You will be able to see pricing and all applicable delivery/service fees on the checkout screen before placing your delivery order. If you do not agree with the prices charged or for any delivery fee, service fee or other related surcharges identified on the checkout screen, do not proceed with ordering.

From time to time, LJS restaurants and operators may use third party delivery providers to fulfill delivery orders, including autonomous delivery providers. You will not be able to choose the third-party delivery provider if you order directly through the LJS App or LJS website, as it will be pre-determined based on a number of factors, including the delivery address. You may receive communications from third party delivery providers regarding your order, delivery time estimates, delivery status and instructions for receiving your delivery.

Third Party Delivery Services. Additionally, third parties may offer delivery services through their own websites, apps or other means. LJS does not review and is not responsible for any statements, claims (including price representations) made on those third-party sites or apps and has no responsibility to you for an order made through a third party. When ordering through a third-party delivery service, you understand and agree that you are placing an order with a third-party delivery service provider and not an LJS or LJS Restaurant Franchisee. The delivery services are provided by the third party, and LJS and LJS Restaurant operators have no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to the terms and conditions provided by that service provider at the time of the order. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that third party and not to LJS. For clarification, delivery orders initiated on a third-party food delivery platform are not qualifying purchases and are not eligible to receive LJS Seacret Society Coins or redeem Rewards as further outlined in the Loyalty Program Additional Terms. Gift card purchases are also excluded from delivery services through third-party websites and apps. Please see the twenty-three FAQGift Card Additional Terms** for Gift Cards for applicable terms.

No Fee Delivery offers. From time-to-time LJS and LJS Restaurants may offer limited time promotional offers where a customer can have a qualifying order delivered via LJS Delivery without paying the applicable delivery fee. An order minimum (before applicable taxes and fees) or small order fee may be required, and qualifying orders must be placed with a participating LJS Restaurant within the delivery radius of such LJS Restaurant and during available delivery hours. Promotional offers will be applied to eligible offers at the time of purchase. Waiver of delivery fee does not preclude voluntary tips and gratuities and applicable small order fees, and surcharges. Sales, use or other transactional taxes will apply. Additional terms and restrictions may apply and will be included with or linked from the offer.

TITLE AND SALES TAXES FOR DOORDASH DELIVERIES. FOR DOORDASH DELIVERIES, TITLE TO FOOD PASSES FROM THE RESTAURANT TO YOU AT THE RESTAURANT’S LOCATION AND POSSESSION OF THE FOOD PASSES FROM THE STORE TO YOU AT THE LJS RESTAURANT’S LOCATION WHEN DOORDASH PICKS UP THE FOOD ON YOUR BEHALF AS AN AGENT FOR YOU. DOORDASH IS ONLY PERMITTED TO, AND HAS AGREED TO, DELIVER PRODUCTS WITHIN THE TAXING JURISDICTION OF THE RESTAURANT. IN JURISDICTIONS WITH MARKETPLACE FACILITATOR LAWS, DOORDASH IS SOLELY RESPONSIBLE FOR CALCULATING AND REMITTING THE CORRECT TAX.

XII. The Long John Silver’s App

In order to use Services made available through the LJS App (“LJS App”) you must have a compatible mobile device. LJS does not warrant that the App will be compatible with your mobile device.

If you access the LJS App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms against you. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the LJS App. You agree that your access to the LJS App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service, such as the Terms of Service governing the Apple App Store and Google Play Store, which would be in addition to these Terms.

You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the LJS App or your possession and/or use of the LJS App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the LJS App infringes that third party’s intellectual property rights. You further acknowledge that neither Apple nor Google have any responsibility for Content in the LJS App. If you have any concerns with the Content in the LJS App, please contact LJS directly as set forth herein.

The LJS App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the LJS App.

In order to take advantage of certain Services made available through the LJS App, including mobile payment, digital ordering, and Promotions (including but not limited to digital offers), and participation in the LJS Seacret Society Loyalty Program, you must have a valid LJS Seacret Society Loyalty Program account. The Seacret Society Loyalty Program is operated by LJS and subject to the Loyalty Program Additional Terms.

The LJS App may allow you to load funds onto a LJS Gift Card or digital wallet (when available) for use at participating LJS Restaurants or otherwise pursuant to the Gift Card Additional Terms. Your use and interaction with the Gift Card is subject to these Terms and the Gift Card Additional Terms.

XV. Disclaimer and Limitations on our Liability

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LJS DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE SERVICES OR THE CONTENT, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR THE RESULTS OBTAINED THEREFROM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE. THE SERVICES MAY INCLUDE INACCURACIES, ERRORS, INERRUPTIONS OR CONTAIN VIRUSES OR OTHER HARMFFUL COMPONENTS, AND SUCH DEFECTS MAY NOT BE CORRECTED. IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LJS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. LJS WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU AGREE THAT LJS IS NOT LIABLE FOR PROBLEMS, DAMAGES OR INJURIES CAUSED BY YOU OR A THIRD-PARTY IN ANY WAY OR OTHERWISE RELATED TO YOUR CONDUCT OR A THIRD-PARTIES CONDUCT, OR FOR ANY CRIMINAL ACTIVITY COMMITTED BY SOMEONE UNRELATED TO LJS. YOUR SOLE REMEDY AGAINST LJS FOR DISSATISFACTION, DAMAGE OR INJURY OF ANY KIND FROM THE SERVICES IS TO STOP USING THEM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE ACTS OR OMMISSIONS OF LJS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND THE CONTENT, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE SERVICES. WE DISCLAIM ALL LIABILITY FOR LJS’S FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND OUR REASONABLE CONTROL. IF SUCH AN EVENT OCCURS (IN LJS’S ABSOLUTE DISCRETION), OUR OBLIGATIONS UNDER THESE TERMS WILL BE SUSPENDED FOR THE DURATION OF THE EVENT.

THESE LIMITATIONS OF RELIEF AND LIABILITY ARE PART OF THE BARGAIN BETWEEN THE PARTIES IN EXCHANGE FOR THE PROVISION OF THE SERVICES.

BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. LJS RESERVES ALL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION FROM YOU TO THE FULLEST EXTENT OF THE LAW.

XVI. Indemnification

To the maximum extent permitted by applicable law and the Terms, you agree to indemnify, defend, and hold harmless LJS from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses of any kind or nature arising from or relating to, your use of the Services, or any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

XVII. Dispute Resolution; Binding Arbitration; Class Action Waiver

MOST CUSTOMER DISPUTES CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY FILLING OUT A GUEST SATISFACTION SURVEY. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, THIS SECTION GOVERNS HOW YOU AND WE AGREE TO RESOLVE ANY DISPUTES. THIS SECTION OF THE TERMS CONTAINING THESE DISPUTE RESOLUTION PROVISIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE ALL DISPUTES AS SET FORHT HEREIN, SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, REFERENCES TO “LJS”, “WE,” “US” SHALL INCLUDE OUR RESPECTIVE PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND MANAGERS, AND ALL WEBSITES OF THE FOREGOING, AS WELL AS ALL AUTHORIZED AND UNAUTHORIZED USERS AND BENEFICIARIES OF SERVICES, PRODUCTS OR INFORMATION PROVIDED OR MADE AVAILABLE UNDER THIS OR PRIOR AGREEMENTS BETWEEN US RELATING TO ARISING FROM ANY ASPECT OF YOUR USE OR ACCESS TO THE SERVICES.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LJS AND ITS AFFILIATES OR RESOLVE THEM IN SMALL CLAIMS COURTS INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT OF THE LAW. YOU ARE AGREEING TO THESE TERMS, WHICH LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF REPRESENTATIVE OR CLASS CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT FOR LIMITED DISCOVERY AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS.

If you and LJS or its Affiliates have a Dispute (defined below) and our customer service team is unable to resolve your concerns, you and LJS and its Affiliates agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and LJS each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: (1) the initiating party’s name and preferred contact information (address, telephone number, email address, and Seacret Society Rewards account number associated with your account, if applicable); (2) the nature and basis of the Dispute, with any relevant documents and supporting information, including sufficient information to enable you or us to identify any transaction or incident at issue; and (3) a statement of the specific relief sought (including a detailed calculation of any damages). If you are the initiating party, the Notice of Dispute must be mailed to the LJS Legal Department, at 10350 Ormsby Park Place, Suite 300, Louisville, KY 40223, Attn: Legal Department – Notice of Dispute. If LJS is the initiating party, LJS will provide a Notice of Dispute to you via the address associated with your registered Services account, if available (the “Notice Address”). The initiating party must personally sign the Notice of Dispute. By personally signing the Notice of Dispute, such party certifies that: (1) the Notice of Dispute is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or impose unnecessary costs (including arbitration fees); (2) the Dispute has legal support and is not frivolous; and (3) the factual contentions have evidentiary support, or if so specified, will have evidentiary support after a reasonable opportunity for further investigation. You may be represented by an attorney or other person in this process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.

For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and LJS agree to make good faith attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. This good faith effort includes participation in live telephone calls or videoconferences. If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and participate in the conference as well. Engaging in this dispute resolution process is a prerequisite to commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

MANDATORY ARBITRATION FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCESS

IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS IDENTIFIED ABOVE, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND LJS WHETHER BASED IN CONTRACT, TORT, STATUTE, WARRANTY, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY MATTERS, QUESTIONS OF ARBITRABILITY, CLAIMS RELATED TO OUR WEBSITE AND ADVERTISING, CLAIMS RELATED TO THE TELPEHONE CONSUMER PROTECTION ACT, AND ANY OTHER CLAIM OF ANY KIND BETWEEN US NOT EXPRESSLY EXCLUDED FROM ARBITRATION PURSUANT TO THESE TERMS (“DISPUTES”), SHALL BE SETTLED AND RESOLVED BY INDIVIDUAL FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARIBRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT (TO THE EXTENT THAT THE DISPUTE OR CLAIM FALLS WITHIN THE SCOPE OF ITS JURISDICTION). YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT, AND ANY CLAIMS THAT ARE CURRENTLY THE SUBJECT OF A PURPORTED CLASS ACTION LITIGATION IN WHICH YOU ARE NOT A MEMBER OF A CERTIFIED CLASS. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms and this Arbitration Agreement, the Terms and this Arbitration Agreement will govern. The AAA rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA rules may change from time to time and you should review them periodically. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1-16 and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). This Arbitration Agreement is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration.

Notwithstanding this Arbitration Agreement and these Terms, any dispute you or we may have relating to copyrights, trademarks, or other intellectual property shall not be governed by this Arbitration Agreement, For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive or equitable relief, may be brought in a court of competent jurisdiction.

To commence arbitration against LJS, a Demand for Arbitration is required to be executed and served on LJS’s Legal Department, at 10350 Ormsby Park Place, Suite 300, Louisville, KY 40223, Attn: Legal Department – Notice of Arbitration Demand, and to the AAA pursuant to instructions provided by AAA to submit a Dispute to arbitration. To commence arbitration against you, service of the Demand for Arbitration on you will be sent to the Notice Address. Each such Demand for Arbitration must include (1) the name and contact information of the party initiating arbitration; (2) the legal claims begin asserted; (3) a detailed explanation of the factual basis for the claims; and (4) a detailed explanation of both the nature and the amount of the relief sought (including an express and detailed calculation of the dollar amount and type of damages being requested).

The arbitration will be heard and determined by a single, neutral arbitrator, and the arbitrator’s decision shall be based on these Terms and any of the other agreements or Additional Terms referenced herein that you may have entered into in connection with the Services. The arbitrator shall apply Kentucky law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief that is solely on an individual basis, subject to any applicable limitation of liability and the limitations concerning awards of costs and expenses, including attorneys’ fees, outlined below. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim, and may not issue an injunction or declaratory relief that applies outside of your individual dispute with us. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding involving LJS or its Affiliates.

The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration and whether the arbitration agreement is void or voidable. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration. Furthermore, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party in that proceeding, then the Court shall decide whether this Agreement permits class or representative proceedings. For the avoidance of doubt, the Court and arbitrator shall be bound by the Terms and this Arbitration Agreement, including with regard to the class and representative waiver provisions contained herein.

If you are an individual, the arbitration shall take place virtually or in person should either party request an in-person hearing. If an in-person hearing is requested, such in-person hearing shall take place in the county of the billing address associated with your LJS account, or the county where you reside, in the instance where no account exists. If you are a business or legal entity, then the arbitration will be held in Louisville, Kentucky. You and a LJS representative must personally appear (with counsel if you or we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at any hearings should they be scheduled by the arbitrator. Disputes may also be referred to an arbitration organization other than AAA if you and LJS expressly agree in writing.

The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; © the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.

The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically required or permitted by state law. Notwithstanding anything contained in this Arbitration Agreement, the arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.

In the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250 USD, LJS agrees to pay any such administrative, arbitrator or filing fees associated with the arbitration in excess of $250 on your behalf, subject to the ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than $250, LJS will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court. In addition, if you can demonstrate that the cost of arbitration will be prohibitive as compared to the cost of litigation, LJS will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee or other costs (including attorneys’ fees) as set forth herein, and may seek an award of our legal fees or costs against you and/or your counsel.

Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or substantially similar claims or theories of liability. During the arbitration, the amount of any settlement offer made by LJS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or LJS are entitled. In the arbitration, and to the extent otherwise permitted by law, the parties may exchange offers of compromise or settlement in the same way parties could in court and with the same level of confidentiality otherwise afforded them if the parties were in a court of competent jurisdiction. Such offers shall have the same force and effect as they would in a court proceeding.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION (THE “MASS ARBITRATION PROVISIONS”)

If over 25 claims are asserted against LJS by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim) within 180 days of the filing of your claim, you understand and agree that the resolution of your Dispute might be delayed, and you also agree that LJS retains the discretion to require to the following processes for the resolution of such mass arbitration claims.

If the number of claims filed within 180 days of the filing of your claim by the same or coordinated counsel is between or is reasonably expected to be in the sole and absolute discretion of LJS between 25 claims and 250 claims, then counsel for the claimants and counsel for LJS shall each select 5 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 10 proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and LJS shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select 10 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than 20 claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 30 proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and LJS shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with 20 cases proceeding at one time that are selected randomly or by AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, LJS agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. You and LJS agree to cooperate in good faith with the arbitration providers to implement the aforementioned protocol for mass, collective and/or batch arbitrations with regard to resolution, fees and administration where the number of cases is or is reasonably expected to be (in the sole and absolute discretion of LJS) between 25 and 250 claims. If this provision is not enforced, or the arbitration provider refuses to follow these specific mass, collective and/or batch protocols, then each arbitration demand must be separately filed, administered, arbitrated and resolved individually, or the parties must agree to seek out a different mutually agreeable and widely-recognized arbitration organization agreeable to follow these provisions.

If LJS determines in its absolute discretion that the number of claims filed or expected to be filed within 180 days of the filing of your claim by the same or coordinated counsel is between or is reasonably expected to be between 250 claims and 1000 claims, LJS shall have the discretion to utilize the following process in order to increase the efficiency of and resolution of any mass, collective and/or batch arbitration. The arbitration provider shall (i) group the arbitration demands into batches of no more than 50 demands per group; and (ii) provide for resolution fo each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. Between each sets of proceedings, LJS agrees to participate in a global mediation session should either LJS or your counsel request it in an effort to resolve all remaining claims, and you and your counsel agree to work in good faith to resolve all claims. You and LJS agree to cooperate in good faith with the arbitration providers to implement the aforementioned protocol for mass, collective and/or batch arbitrations with regard to resolution, fees and administration. If this provision is not enforced, or the arbitration provider refuses to follow these specific mass, collective and/or batch protocols, then each arbitration demand must be separately filed, administered, arbitrated and resolved individually, or the parties must agree to seek out a different mutually agreeable and widely-recognized arbitration organization agreeable to follow these provisions

The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section where a Notice of Dispute or Demand for Arbitration has been submitted, from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against LJS. Should a court of competent jurisdiction decline to enforce these “Special Additional Procedures for Mass Arbitration,” you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with AAA to address reductions in arbitration fees.

If in LJS’s sole and absolute discretion more than 1000 claims are filed or are reasonably expected to be filed within 180 days of the filing of your claim against LJS relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth herein above for informal dispute resolution and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and LJS relating to that decision or those facts, then both you and LJS have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in Jefferson County, KY or in the United States District Court for the Western District of Kentucky by sending a written notice to the other party at the same address utilized for the Notice of Dispute identified above.

If any other provision of these Mass Arbitration Provisions is found to be unenforceable, then the unenforceable provision shall be stricken, and the remainder of this section shall be enforced to the maximum extent of the law. Mass, collective and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained in these Terms and this Arbitration Agreement.

SEVERABILITY OF DISPUTE RESOLUTION PROVISIONS

With the exception of the provisions of this Arbitration Agreement concerning the Class Action Waiver if any part or parts of the Arbitration Agreement or these Terms is/are found by a court of competent jurisdiction to be invalid, illegal, unenforceable or in conflict with the rules and procedures as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement and these Terms shall continue in full force and effect and shall be construed in accordance with the Arbitration Agreement and these Terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If a court determines that any of the prohibitions of the Class Action Waiver are unenforceable with respect to a particular claim or with respect to a particular request for relief or claim (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court and this Arbitration Agreement shall be null and void with respect only to such request for relief and claim, but such claim or request for relief shall be stayed pending arbitration of the remaining claims. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. In such event, you agree to bring all claims arising out of related to the Terms (including Additional Terms) in either the United States District Court for the Western District of Kentucky or in the state courts of Jefferson County, Kentucky.

The Arbitration Agreement, and its Class Action Waiver will survive the termination of these Terms. No waiver of any provision of the Arbitration Agreement and its Class Action Waiver will be effective or enforceable unless recorded in a writing signed by the party waiving such right or requirement, which for purposes of LJS means an officer with authority to bind LJS under LJS’s then-current Corporate Records, which must be established by the party seeking to enforce the waiver. Such a waiver shall not waive or affect any other portion of this Arbitration Agreement or these Terms. This Section of the Terms will survive the termination of your relationship with us.

FUTURE CHANGES TO DISPUTE RESOLUTION SECTION

Notwithstanding any provision to the contrary, we agree that if LJS makes any future changes to this Arbitration Agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement and these Terms.

XVIII. Employment Opportunities

The Services may allow you to find information about and apply for jobs posted by LJS and LJS Restaurants, including those owned and operated by Franchisees. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status, sexual orientation, gender, age or any other status protected by applicable law. LJS encourages all qualified applicants to apply. As noted above, some jobs identified are for locations operated by our Franchisees and this information is provided as a convenience to you. LJS does not have any responsibility for the hiring practices of its Franchisees, and in those situations the Franchisees and third-party operators are responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. LJS does not receive a copy of any application you submit to a restaurant that is a franchisee, and we do not control whether you receive an interview or are hired. LJS does not control if you are hired by a restaurant that is a Franchisee LJS Restaurant, and if hired only that Franchisee would be your employer. If you have questions or concerns about any job related to a Franchisee location, please contact that Franchisee directly.

XX. Other Provisions

These Terms, together with our Privacy Policy and as supplemented by the Additional Terms, constitute the entire agreement between us and you with respect to your use of the Services and the Content, and supersede all previous written or oral agreements between us and you with respect to such subject matter.

Unless otherwise specified in any Additional Terms, these Terms will be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms or the Services, which is not a copyright matter described in the Copyright and Intellectual Property Section or subject to arbitration pursuant to the Arbitration Agreement, will be filed only in the state or federal courts located in the State of Kentucky in Jefferson County. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. Any cause of action you may have arising out of or relating in any way to the Services must be commenced within one (1) year after the claim or cause of action arises.

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms, the Additional Terms, our Privacy Policy, or any portion thereof, to be unenforceable, such provision shall be stricken as if it was never included, and the remainder of these Terms, the Additional Terms and our Privacy Policy shall be interpreted to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms, Additional Terms and Privacy Policy shall continue in full force and effect.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. Waiver of any rights hereunder the Terms, Additional Terms and Privacy Policy can only be enforced against LJS if LJS expressly consents to such waiver in writing signed by an officer then-authorized to bind LJS with respect to the matter at issue under the Corporate Records at the time of the alleged waiver.

Neither these Terms, nor any Services or Content, is intended to or does create any partnership, joint venture, employment, or other agency relationship between LJS and you. You may not enter into any contract on our behalf or bind us in any way and are not authorized to represent us in any way under these Terms.

We may assign our rights and obligations under these Terms without notice to you and without any liability to you of any kind whatsover, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

XXI. International Users

The Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Contents on the Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export the Materials in violation of U.S. export laws and regulations. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access the Services from locations outside of the United States of America, you are responsible for compliance with all local laws.

XXII. Contact Information

If you have any questions about the Services or these Terms, or you would like to report violations of these Terms, please contact us at:

Long John Silver’s, LLC
Attn: Legal Department
10350 Ormsby Park Pl., Suite 300
Louisville, KY 40223
1-502-815-6100
legal@ljsilvers.com (Attn: Counsel – Terms and Conditions Inquiry)
https://www.ljsilvers.com/

Under California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

The Long John Silver’s name, logos and related marks are trademarks of Long John Silver’s, LLC. ©2024; Long John Silver’s.

LJS Text Message Program Terms & Conditions

LJS Text Message Program Terms & Conditions
Last Updated: January 24, 2024

These Additional Terms apply only if you have opted into the LJS Text Messaging Program (“LJS Text Messaging Program”) described below (“Text Messaging Additional Terms”). When you opt into the LJS Text Messaging Program, you are agreeing that you have read, understood and are legally bound by these Text Messaging Additional Terms. The Text Messaging Additional Terms are intended to supplement (not change) the Long John Silver’s Terms of Service (the “Terms”), and you are further agreeing that you have read, understood and are legal bound by the Terms, which are expressly incorporated herein by this reference. Capitalized terms not defined herein shall have the same meaning as defined in the Terms, as applicable. While the Text Messaging Additional Terms are intended to supplement (not change) the Terms, to the extent that there is a conflict between the Text Messaging Additional Terms and the Terms, the Terms will control. LJS’s Privacy Policy describes how we collect, use and share the information we collect from you as part of the LJS Text Message Program. LJS,” “we”, “Our,” and “Us” (whether capitalized or lowercase) shall refer to LJS and its and its parents, subsidiaries, affiliates, and related entities, and each of their respective employees, managers, officers, representatives, and agents, unless otherwise expressly identified as a more limited reference. “You” (whether capitalized or lowercase) refers to you as a user of the Services or a person who is accessing the Services, along with your successors, heirs, assigns, agents, representatives and other third parties to the fullest extent of the law.

PLEASE READ THE TERMS AND TEXT MESSAGING ADDITIONAL TERMS CAREFULLY. THE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH LJS OR RESOLVE THEM IN SMALL CLAIMS COURTS INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT OF THE LAW. YOU ARE AGREEING TO THESE TERMS, WHICH LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF REPRESENTATIVE OR CLASS CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT FOR LIMITED DISCOVERY AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). IF YOU DO NOT AGREE TO THE TERMS AND THE TEXT MESSAGING ADDITIONAL TERMS, DO NOT PARTICIPATE IN THE LJS TEXT MESSAGING PROGRAM.

This is a standard rate messaging program. To participate in the LJS Text messaging Program, you must (1) be the age of majority in the jurisdiction where you reside (which in most cases is 18 years old or older, or if you are under the age of majority in your state of residence and thus a minor, your parent or guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or guardian; (2) be the current subscriber to the mobile number you register with the Texting Program, or are otherwise authorized to opt-in to participation in such a program, and (3) have a text messaging enabled mobile device with a current text messaging plan.

By subscribing to and participating in the text messaging program, you expressly consent and agree to receive recurring automated promotional and personalized marketing, employment (if you have applied for a position with us) and service-related text (e.g., SMS and MMS) messages (e.g. cart reminders and order status updates) at the mobile number you provided at the time you signed up to the text message program or any other number that you designate from Long John Silver’s and its agencies and services providers. You will receive these messages even if your mobile number is registered on any state or federal DO NOT CALL list. Text messages may be sent using an automatic telephone dialing system or other automated technology. Consent to receive automated marketing text messages is not a condition of any purchase of property, goods or services from Long John Silver’s. Your participation in the text messaging program is completely voluntary. Long John Silver’s does not charge for its text message program, but your mobile carrier’s message & data rates may apply. All related charges and fees are billed by and payable to your mobile services provider. Your mobile carrier may impose message or charge limitations on your account that are outside of our control. Please contact your mobile carrier about your text messaging plan to obtain additional information.

Message frequency will vary. Long John Silver’s reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Long John Silver’s also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. LJS, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. LJS reserves the right to remove subscribers from our messaging database at our discretion. In the event that you deactivate your mobile number it is your responsibility to notify LJS by updating your LJS account or contacting LJS’s customer service as outlined in the LJS Terms.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

These Text Messaging Additional Terms are subject to change at any time by LJS in its sole discretion without notice or liability to you.

Franchisee/Third Party Text Programs

Many of our LJS Restaurants are owned and operated by Franchisees. These terms do not apply to any of our Franchisee’s text marketing programs. If you are receiving text messages from an LJS Franchisee, you will need to opt out from them directly. Each Franchisee is solely and independently responsible for its legal and regulatory compliance. These terms also do not apply to order delivery notifications from delivery drivers, including when using third-party mobile application or delivery services.

Cancellation And Opting Out

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Long John Silver’s and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Long John Silver’s through any other programs you have joined until you separately unsubscribe from those programs.

For Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Contact

This message program is a service of Attentive, located at 221 River Street, Suite 9047, Hoboken, NJ, 07030. The Long John Silver’s name, logos and related marks are trademarks of Long John Silver’s, LLC. ©2024; Long John Silver’s.

ADDITIONAL TERMS – LJS SEACRET SOCIETY REWARDS PROGRAM

LONG JOHN SILVER’S SEACRET SOCIETY LOYALTY PROGRAM TERMS AND CONDITIONS

LAST UPDATED: JANUARY 19, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR PARTICIPATE IN THE LONG JOHN SILVER’S SEACRET SOCIETY LOYALTY PROGRAM. These terms apply only if you join the LONG JOHN SILVER’S Seacret Society Loyalty Program (“Seacret Society Loyalty Program”) as part of your use of the Services. By joining the Seacret Society Loyalty Program, you acknowledge that you have read, understood, and are legally bound by these Terms and Conditions as well as any future amendments and modifications thereto (“Loyalty Program Additional Terms”). The Loyalty Program Additional Terms are intended to supplement (not change) the Long John Silver’s Terms of Use (the “Terms”), and you are further agreeing that by registering for an account or using the Services you have read, understood and are legal bound by the Terms, which are expressly incorporated herein by this reference. While the Loyalty Program Additonal Terms are intended to supplement (not change) the Terms, to the extent that there is a conflict between the Loyalty Program Additional Terms and the Terms, the Terms will control. For purposes of these Loyalty Program Additional Terms, “LJS,” “we”, “Our,” and “Us” (whether capitalized or lowercase) shall refer to LJS and its and its parents, subsidiaries, affiliates, and related entities, and each of their respective employees, managers, officers, representatives, and agents, unless otherwise expressly identified as a more limited reference. “You” (whether capitalized or lowercase) refers to you as a user of the Services or a person who is accessing the Services, along with your successors, heirs, assigns, agents, representatives and other third parties to the fullest extent of the law.

PLEASE READ THE TERMS AND LOYALTY PROGRAM ADDITIONAL TERMS CAREFULLY. THE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH LJS OR RESOLVE THEM IN SMALL CLAIMS COURTS INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT OF THE LAW. YOU ARE AGREEING TO THESE TERMS, WHICH LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF REPRESENTATIVE OR CLASS CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT FOR LIMITED DISCOVERY AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL B SIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). IF YOU DO NOT AGREE TO THE TERMS AND THE LOYALTY PROGRAM ADDITIONAL TERMS, DO NOT PARTICIAPTE IN THE SEACRET SOCIETY LOYALTY PROGRAM.

LONG JOHN SILVER’S reserves the right to change, modify, eliminate, terminate, discontinue and/or cancel the Seacret Society Loyalty Program and these Loyalty Program Additional Terms or any policy, FAQ, or guideline pertaining to the Seacret Society Loyalty Program in whole or in part at any time in its sole discretion without notice to you, including the right to discontinue or change the benefits, Coins, Rewards and all aspects and terms of the Seacret Society Loyalty Program. Any such changes, terminations or modifications will be effective immediately upon posting the revisions to the LJS Website at www.ljsilvers.com, and to the extent permitted by law, you waive any right you may have to receive specific notice. If we make any changes to these Loyalty Program Additional Terms or terminate or suspend the Seacret Society Loyalty Program, you agree that we may, but are not required to, convey that information and other information relating to the LONG JOHN SILVER’S Seacret Society Loyalty Program by electronic means, including by email or posting such information online at ljsilvers.com. You further agree that to the extent we are required to provide you notice, notice in this format satisfies any such notice requirement and you waive notice to the fullest extent of the law through any other means (except if such waiver is expressly prohibited by applicable law). If we terminate the Seacret Society Loyalty Program, it is possible that we will not provide you with the opportunity to use or otherwise redeem any Coins or Rewards you have accrued up and through the date of termination.

Without notice to you, LONG JOHN SILVER’s reserves the right to suspend any Seacret Society Loyalty Program account, and/or terminate your account and/or your participation in the Seacret Society Loyalty Program for any reason in its sole and absolute discretion, including without limitation, if LONG JOHN SILVER’s determines in its sole and absolute discretion that you have violated the Terms or the Loyalty Program Additional Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, in our sole and absolute discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the Seacret Society Loyalty Program is terminated, then all accumulated Coins (including Bonus Coins) and Rewards in your account are void.

When you earn Coins, the Terms and Loyalty Program Additional terms in effect at the time you earn the Coins govern how those Coins are earned. When you redeem Rewards, the Terms and Loyalty Program Additional Terms in effect at the time you redeem the Rewards govern how those Rewards may be redeemed.

LONG JOHN SILVER’S may conduct test programs from time to time in certain markets that may have additional/different terms than those described herein. LONG JOHN SILVER’S has no obligation to expand or continue any test.

As a participant in the Seacret Society Loyalty Program, LONG JOHN SILVER’S may automatically enroll you in other Services that are complimentary to the Seacret Society Loyalty Program. For more details on what information LONG JOHN SILVER’S collects from you and how it uses and discloses such information, please visit LONG JOHN SILVER’S’s Privacy Policy, which is incorporated by reference herein.

I. JOINING THE SEACRET SOCIETY LOYALTY PROGRAM

In certain geographic areas, the Seacret Society Loyalty Program allows eligible individuals who are at least the age of majority within the county in which they reside (which is usually eighteen (18) years of age for most jurisdictions) (“Members”) to register for the Seacret Society Loyalty Program and earn Coins (“Coins”) based on Eligible Product Purchases (See Section II (Earning Coins)) (as defined below). If you are in these geographic areas the program will be displayed to you. Your Seacret Society Loyalty Program is personal to you and may not be sold, transferred or assigned to, or shared with, family friends or others, or used by you for any commercial purpose. You are only allowed to have one (1) Seacret Society Loyalty Program account that is personal to you. If we learn you have more than one (1) account, we may terminate all of your accounts and require you to forfeit your Coins and Rewards. There are no membership fees associated with the Seacret Society Loyalty Program. When you use the Seacret Society Loyalty Program outside of the geographical area of the program, neither the program nor any points you accumulated in the program will be available to you.

The Loyalty Program is open only to residents of the United States and Coins can only be earned and redeemed in the United States. A unique and valid email address is required to register for a Seacret Society Loyalty Program account. A social media account may be required to complete actions to earn certain Coins and/or other rewards. Your Seacret Society Loyalty Program account information or other personal identifier may be required to be presented in connection with a transaction or activity.

The Loyalty Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are between the ages of sixteen (16) and eighteen (16), you may access and participate in the Seacret Society Loyalty Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms, and who manages your account for you. We will consider such parent or legal guardian to be the Member for purposes of these Terms with respect to your account.

To learn more about LONG JOHN SILVER’S’s Seacret Society Loyalty Program, and how to join, visit the LJS Website at www.ljsilvers.com/terms-of-use or download the LONG JOHN SILVER’S mobile app (“LJS App”) and follow the prompts to create an account. You will be required to provide the following information: First name, last name, email address, and password. You also have the option to provide your phone number, favorite menu item and the month and year of your birthday to qualify for special rewards we may offer.

If you have a pre-existing account with LONG JOHN SILVER’S (a “Sunsetting Account”), you will be given the option to convert your Sunsetting Account to a Seacret Society Loyalty Program account for a limited period of time that we will provide to Sunsetting Account holders. If you do not convert your Sunsetting Account to a Seacret Society Loyalty Program account by the date we specify, you will lose any benefits you may have had with that Sunsetting Account. If you have any questions about this conversion or about your Sunsetting Account, please contact us as directly at https://www.ljsilvers.com/get-in-touch/

LONG JOHN SILVER’S may refuse to create a Member account for any reason. LONG JOHN SILVER’S also reserves the right to (i) exclude any individual from participating in the Loyalty Program, and (ii) cancel or suspend participation in the Seacret Society Loyalty Program in the event of fraud, abuse of Coins or Rewards privileges, violation of the Loyalty Program Additional Terms or LONG JOHN SILVER’S’s Terms or any applicable law, or at LONG JOHN SILVER’S’s sole discretion. Any Coins and Rewards in the Member’s account will become void at the time of cancellation or suspension.

II. EARNING COINS AS A LOYALTY PROGRAM MEMBER

No Coins are earned until your Seacret Society Loyalty Program registration is complete. The Rewards, as defined below, that are available to you are generally based on the number of Coins you earn through the Seacret Society Loyalty Program. Coins accrue when a Member is identified by sharing phone number to employee and is entered in register or guest is logged into the Loyalty Program account via the Mobile App or Website, and makes an Eligible Product Purchase. An “Eligible Product Purchase” means a purchase of LONG JOHN SILVER’S products, subject to any exclusions applicable at the time of sale or as stated herein, from participating LJS Restaurants. For purposes of calculating the number of dollars that are eligible and used to calculate the Coins you earn: (1) each Eligible Product Purchase will be rounded to the nearest dollar; (2) amounts spent on sales tax, delivery fees, order fees (such as small order or large order fees), transactional fees, gratuities, and/or service fees are not included; and (3) your dollar amount is based on the actual amount you have spent after applying any promotions, discounts or other offers. Coins may not be earned on multiple purchases at one time. An Eligible Product Purchase must be completed and picked up from the restaurant before Coins can be earned on a subsequent purchase. Purchases or reloads of LONG JOHN SILVER’S Gift Cards are always excluded from earning Coins, but you may earn Coins when you use an eligible LONG JOHN SILVER’S Gift Card to make an Eligible Product Purchase. You do not earn Coins on product purchases using Coins or other Rewards.

Not all LJS Restaurants participate in the Seacret Society Loyalty Program, even if the program is generally available in that geographic area where the LJS Restaurant is located (including, for example, restaurants that are co-branded with a LONG JOHN SILVER’s and another brand). This means Coins may not be available for certain purchases, and that the purchases that are excluded may change over time.

Members will be eligible to earn four (4) Coins for every $1 spent in the Loyalty Program on Eligible Product Purchases by Members through their Seacret Society Loyalty Program account on the LJS App or Website. Members may not redeem more than 2,000 Coins per day. LONG JOHN SILVER’S may change the number of Coins Members can earn or redeem at any time and in its sole discretion without notice or liability to you. LONG JOHN SILVER’S has the sole and final decision on whether a purchase qualifies for Coins and how many Coins it qualifies for.

From time to time, we or others acting with our permission may offer You the opportunity to earn additional Coins through special promotions, contests, sweepstakes, or by taking part in specific activities, such as participating in a survey or using a special Mobile App experience or other Service (“Bonus Coins”). For purposes of these Terms and the Loyalty Program Additional Terms, references to “Coins” includes Bonus Coins unless expressly stated therein or separately discussed. These Bonus Coins will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such Bonus Coins promotional offer, which may be different than the terms for regular Coins. Such Bonus Coin amounts may not be identified to you in advance of the activities through which you may earn Bonus Coins. Number, types, and frequency of Bonus Coins are based on a number of factors, including without limitation the frequency of visits, the volume and type of purchases made, your use of the Services, the type of personal information provided by you, and the type and amount of participation in and/or interaction with the Services. You may receive a different amount of Bonus Coins than another user or account holder for the same activity based on these factors. Certain activities may only be available to participants 18 years or older. Activities tied to a specific Bonus Coin opportunity must be fully completed, as determined by LONG JOHN SILVER’S in its sole and absolute discretion, and will result in a single award of Bonus Coins no matter how many times the activity is performed by you (unless otherwise specified at the time of the activity). Partial awards of Bonus Coins will not be issued (unless otherwise specified at the time of the activity). Activities that earn Bonus Coins may have multiple levels and multiple Bonus Coins associated with each level, which can change from time to time without notice or liability to you. LONG JOHN SILVER’s makes no promise about the continued availability of any activity that can earn Bonus Coins, even if displayed to you in the Services.

Coins earned in a single Eligible Product Purchase by you will be allocated to a single Seacret Society Loyalty Program account number, and cannot be split amongst multiple Seacret Society Loyalty Program account numbers. Coins have no cash value, are non-transferable, except as specifically permitted in connection with certain promotions, and cannot be applied to previous purchases.

When earned, Coins will appear in your Seacret Society Loyalty Program account. Coins that you earn may not always immediately post to your account. You are responsible for ensuring that Coins from your qualifying purchases are correct. If you believe that the Coins from your qualifying purchases were incorrectly calculated, you must notify LONG JOHN SILVER’s within six (6) months of the qualifying purchase by providing your receipt to us. Coins expire at the earlier of (1) the first day of the month after the twelfth (12) month from the date such Coins were earned or (2) six (6) months after a Member’s Seacret Society Loyalty Program account is deemed inactive by LONG JOHN SILVER’S. A Member’s Seacret Society Loyalty Program account will be deemed inactive if no Coins are earned or redeemed through the account during any twelve (12) month period. Coins will be maintained in your account until they expire or you exchange your points for a reward, whichever occurs first. LONG JOHN SILVER’S has the sole and final decision on whether a purchase qualifies for Coins or if you qualify for Bonus Coins and how many Coins or Bonus Coins should be in your account, and we have no liability for any delay or failure to correctly credit points to your account. LONG JOHN SILVER’S may revoke some or all Coins and Bonus Coins if it is determined, in LONG JOHN SILVER’S’s sole discretion, that a Member received Coins and/or Bonus Coins due to an error, through fraud, abuse, deception, unlawful activity, or in any manner not authorized or intended by LONG JOHN SILVER’S.

Coins are not property and you have no vested right or interest in Coins. Coins have no independent cash value and are not valid if obtained from unauthorized parties, including without limitation through internet auction sites.

III. REDEEMING REWARDS UNDER THE LOYALTY PROGRAM

Coins may be redeemed for certain items and services, to be determined in LONG JOHN SILVER’S’s sole and absolute discretion (“Rewards”), which can then be used at participating restaurants. Not all LJS Restaurants participate in the Seacret Society Loyalty Program, and some restaurants may not participate even if the program is generally available in that geographic area. Rewards may include benefits from LONG JOHN SILVER’S or from companies with which LONG JOHN SILVER’S is conducting a promotion. Potential rewards for which you may not have enough Coins may be displayed. Not all Rewards may be available to all Members. The types of Rewards that are available, which Members can claim them, how long they are available for, and how they can be claimed are in LONG JOHN SILVER’S’s sole and absolute discretion and may change over time without notice or liability to you. There may be limits on how many Rewards you can claim in a single transaction or in a single time period. You must claim your reward through your online Seacret Society Loyalty Program account or in person at a participating LJS Restaurant. LJS reserves the right to alter, modify, or terminate the method by which Rewards can be used and claimed in its sole and absolute discretion. Any attempt to claim a Reward other than a currently-approved method will not be accepted. When you claim a Reward, you may still be responsible for taxes and other transaction costs. These will be specified when you seek to claim your Reward. Once you have redeemed your Coins for a Reward, the Coins will be removed from your account. If order is cancelled or refunded the coins used may be refunded back to member account. No cash value for points. When you redeem a Reward, you are obtaining that product directly from the participating LJS Restaurant, not from other Members or users of the Seacret Society Loyalty Program. LONG JOHN SILVER’s makes no promise of the continued availability of any Reward, even if it is displayed to you through the Services. Rewards are available until supplies last at participating restaurants, and may be modified, changed and discontinued at any time. Images of products and packaging of Rewards are examples only and may not be identical to the product or packaging you receive from a participating LJS Restaurant. If you wish to redeem a Reward, you must do so prior to submitting your order or transaction. Adjustments will not be made after your order has been submitted for credit card approval or paid for by you.

Should the Reward options available to You involve merchandise, such as branded logo clothing, items, or other non-edible and non-consumable products (“Merchandise”), and you redeem your Coins for Merchandise, Merchandise will be replaced with the identical item free of charge under the following conditions only: (1) Merchandise was received by you defective or damaged in shipping; (2) an identical replacement item is available, (3) you notify us and present evidence of the defect or damage within three (3) days of receiving the item.

LONG JOHN SILVER’S may email or communicate with you on occasion about available Rewards, but is not responsible for any communications you did not receive for any reason. In the event that a Member returns a product that was partially or wholly paid for with a Reward(s), or cancels an order after it has been received by LONG JOHN SILVER’S, the Reward(s) used in connection with such a purchase shall not be reissued and no Coins representing such Reward shall be reissued to such Member’s account. In these cases, the Member forfeits the Reward(s).

LONG JOHN SILVER’S may revoke a Reward or prevent a Member from claiming a Reward if it is determined, in LONG JOHN SILVER’S’s sole discretion, that a Member received Coins or Bonus Coins, or a Rewards offer, due to an error, through fraud, abuse, deception, unlawful activity, or in any manner not authorized or intended by LONG JOHN SILVER’S. Attempts to redeem single use Rewards multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your Seacret Society Loyalty Program account. If the Seacret Society Loyalty Program is terminated or the Member’s account is closed, any Rewards you have earned, but not yet used, will be forfeited. Rewards may not be redeemed if unexpected technical difficulties arise.

The Long John Silver’s name, logos and related marks are trademarks of Long John Silver’s, LLC. ©2024; Long John Silver’s.

ADDITIONAL TERMS CONCERNING MERCHANDISE AND GIFT CARDS

Last Updated: January 19, 2024

The Services may offer you the opportunity to purchase electronic LJS Gift Cards (“eGift Cards”) or physical gift cards in certain participating LJS Restaurants (collectively with the eGift Cards, “Gift Cards”). These Additional Terms concerning Gift Cards (“Gift Card Additional Terms”) apply only if you purchase or use Gift Cards. By purchasing or using a Gift Card, you acknowledge that you have read, understood, and are legally bound by these Gift Card Additional Terms as well as any future amendments and modifications thereto Gift Card Additional Terms are intended to supplement (not change) the Long John Silver’s Terms of Use (the “Terms”), and you are further agreeing that by registering for an account or using the Services you have read, understood and are legal bound by the Terms, which are expressly incorporated herein by this reference. While the Gift Card Additional Terms are intended to supplement (not change) the Terms, to the extent that there is a conflict between the Gift Card Additional Terms and the Terms, the Terms will control. Use of a Gift Card constitutes acceptance of the Terms and these Additional Gift Card Terms. These additional terms are between you (the “Cardholder”) and the issuer of the Card, which is LJSGC, Inc. (the “Issuer”).

For purposes of these Gift Card Additional Terms, “LONG JOHN SILVER’S and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each their respective officers, directors, shareholders, employees, and agents (collectively, “LJS”) are considered third party beneficiaries of these Gift Card Additional Terms. “You” or “Member” shall refer to you as the purchaser or user of the Gift Card program.

Gift Cards are issued by the Issuer, as defined above. Issuer is the sole legal obliger to the Cardholder. LJS bears no responsibility or liability for any Card, and you hereby knowingly release LJS (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with a Gift Card.
Gift Cards may be available for purchase at participating LJS Restaurants, online, through the LJS App, or through an authorized distributor. Gift Cards are not valid if obtained from unauthorized sellers or resellers, including through internet auction sites. Gift Cards are not a credit or debit card. Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit charge, bounced check, or other failure of consideration. Issuer reserves the right to refuse to honor a Gift Card where Issuer suspects that (i) the Gift Card was obtained fraudulenty, or (ii) the Gift Card was obtained/used in violation of these Gift Card Additional Terms, the Terms, or any other additional terms on the Card.

Gift Cards may not be accepted at all LJS Restaurants, and are not currently accepted at KFC/LJS or Taco Bell/LJS locations. Gift Cards are not valid and cannot be used as payment for third-party delivery orders. Gift Cards may not be used to purchase other Gift Cards and are not redeemable towards previously purchased goods or services.

Gift Cards are reloadable with value. There are no fees associated with purchasing or using a Gift Card with the exception of expedited shipping fees for plastic Gift Cards purchased online. Gift Cards do not have any expiration date and there are no fees for inactivity or service fees. You may not return or cancel your LJS Gift Card after it has been received. Gift Cards are non-refundable.

Gift Cards can only be redeemed for purchases of food, beverages and other goods and services and related fees and charges, if any, identified by LJS at participating LJS Restaurants. Gift Cards have no cash value and are not redeemable for cash or refundable except as required by law and may not be returned or cancelled. Below are the current states that require the Issuer to refund certain amounts (a “Cash Back State”).

  • Balance less than $1: RI, VT
  • Balance less than $2.50: TX
  • Balance less than $3: CT
  • Balance $5 or less: CO, MA, NY
  • Balance less than $5: MT, NJ, OR, WA, ME, HI
  • Balance less than $10: CA
    If you live in a Cash Back State, please fill out and submit this form.

Ownership and risk of loss of the Gift Card passes to the purchaser upon in-store delivery of the Gift Card or upon confirmation to the recipient for eGift Cards. The Issuer is not responsible for lost, damaged or stolen gift cards. The value of any lost, damaged or stolen Gift Card, or any Gift Card altered or used without authorization, will not be replaced or replenished except in limited circumstances with proof of purchase.

The maximum value that can be associated with any one Gift Card is $200.00 and total purchases for any one individual may not exceed one thousand dollars ($1,000) in one calendar day with respect to purchases of Gift Cards. Total purchases for any one individual using a Gift Card may not exceed $1,000 in one calendar day. LJS reserves the right to change or amend these amounts and limits in its absolute and sole discretion, without notice or liability to you or any third party.

Long John Silver’s eGift cards are distributed by CashStar, Inc., a Delaware Corporation. By visiting https://ljsilvers.cashstar.com and purchasing an e-gift card, you are acknowledging and agreeing that you have read, understood and are agreeing to be bound by these Terms, the Gift Card Additional Terms, and also the eGift Card Terms and Conditions of CashStar.

For balance and inquiries, call 1-888-349-1446.

The Long John Silver’s name, logos and related marks are trademarks of Long John Silver’s, LLC. ©2024; Long John Silver’s.