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Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Boston Market’s liability and other provisions that affect your legal rights.

By installing, accessing or using any websites, mobile apps, subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Boston Market Corporation ( “Boston Market”, “we” or “us”), which controls and operates the online services from its headquarters at 14103 Denver West Pkwy., Golden, CO 80401.

By accepting these terms, you also understand and consent to our Privacy Notice on bostonmarket.com, which is incorporated into, and part of, this agreement. Our Privacy Notice describes how we collect, use and share information.

By accepting these terms, you understand and agree that, as stated in Section 10, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your state), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. You can request account deletion by sending an email to teamgsc@bost.com identifying the email address of the account that you want deleted.

About the online services.

Availability of products and services.

Boston Market products and services are available throughout the United States. However, the online services may describe products and services that are not available in all restaurants.

Follow the Rules.

Whenever you use the online services, you must follow all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts.

You are responsible for any devices, software and services needed to use the online services. Boston Market does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iOS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

Boston Market right to update or terminate the online services.

You understand and consent that (with or without notice) Boston Market may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Boston Market mobile app that you have installed on your device.

Updates to these terms.

Boston Market may also update these terms at any time and at its sole discretion. If Boston Market makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. To close your account, you can visit bostonmarket.com or email us at teamgsc@bost.com .

Links to job opportunities from the online services.

While job openings are identified as part of the online services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms and conditions. Boston Market is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. Boston Market encourages all qualified applicants to apply. Boston Market has no responsibility for the hiring practices of its franchisees.

How to contact us.

If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit bostonmarket.com or email teamgsc@bost.com

Our information practices and communications with you.

Boston Market Privacy Statement.

These terms incorporate Boston Market Privacy Notice as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

How we communicate with you.

Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Boston Market. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Boston Market. Boston Market may use the information you have provided to us to communicate with you in accordance with Boston Market Privacy Notice. If a phone number is opted in, and not opted out, we may rely upon that opt in, no matter who possesses, uses or operates the phone to which that number is attached.

Opting out of communications generally.

You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method and each device. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Boston Market franchisee, then you will need to opt out from them directly.

Additional information on text messages.

When you opt in to any of our text message programs, you understand that such text message programs are separately governed by Boston Market Text Messaging Program Terms & Conditions. You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to 67794 or visit www.bostonmarket.com or email us at teamgsc@bost.com. You may also opt out through our mobile app. For more information, please visit Boston Market Text Messaging Program Terms & Conditions.

Placing Orders Using the Online Services

This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services.

About ordering.

The purpose of ordering using the online services is to provide customers with a convenient way of placing orders for menu items in advance and submitting their orders to a participating restaurant. The online services may not accept all orders placed at certain times of year including the week of Thanksgiving. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card (a “payment card”) to use with your orders. Not all restaurants may choose to make their menu items available via online ordering. You may need to enable location services on your device in order for ordering to function properly.

Your payment method.

Boston Market uses third party providers to process your payments. You understand and agree that, if you register a payment card, Boston Market or its third party providers, may verify that the payment card you registered is valid. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you use.

About the products in the online services.

All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due 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.

About the prices in ordering.

Pricing may vary by location. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

Deals.

You have the possibility of receiving deals through the online services. The following general terms apply to the deals:

1. the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants or through specific services (e.g.- delivery thorough a particular delivery service) only, and until the expiration date;
2. serving times may apply (e.g., not all menu items are available for lunch and dinner);
3. unless otherwise stated each deal expires on redemption;
4. only one deal can be used per purchase or transaction ;
5. deals are not transferable; and
6. there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the app next to the deal or any applicable coupon. Not all deals may be combined with orders.

Delivery

Delivery of Boston Market menu items may be available through certain authorized online services. Delivery may not be available at all times from all restaurants, and delivery fees may apply. This section applies to delivery of Boston Market menu items or products, as well as delivery orders placed using the online services, or through an authorized third-party delivery service like GrubHub, DoorDash, Amazon, UberEats, Postmates or any other delivery service that might bring our food to you (collectively our “Delivery Partners”, and individually a “Delivery Partner”) . Boston Market has no control over delivery or other services provided through delivery or order placement services with whom Boston Market has no contractual relationship, or who are otherwise not authorized to make deliveries of Boston Market menu items.

All orders placed using our website, our app, or any Delivery Partner, are subject to availability and your acceptance of these Terms and Conditions.

Acceptance of order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion for any reason, including but not limited to lack of availability, errors on our website, our app, or errors by or on the part of any Delivery Partner or their app, and/or errors in the order, or failure of a payment to process. Failure of a payment method to process relieves Boston Market or any responsibility to fill that order. Once a properly completed order is received, authorization of your form of payment is received and confirmed, and we have accepted your order, we will begin preparing your order for delivery.

Pricing and Availability of Delivery. All prices are shown in U.S. dollars, and taxes, delivery, shipping and handling charges (if any) are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OR THROUGH THE ONLINE SERVICES ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR RESTAURANTS OR FOR PICK-UP. FOR EXAMPLE, SOMETIMES PRICES DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OUR WEBSITE OR APP WILL BE HIGHER THAN IN-RESTAURANT OR PICK-UP PRICES. We reserve the right to change prices, and prices may vary by area. You will be advised of any fees prior to checkout. At present, you will not receive Rotisserie Rewards on orders placed through our Delivery Partners, or be able to redeem them through our Delivery Partners, , coupons or other promotions offered as a part of our delivery program. You will receive Rotisserie Rewards, and be able to redeem rewards only on delivery orders placed through bostonmarket.com or our mobile app. Orders placed with deliver services who are not our Delivery Partners do not earn Market Points and Rewards may not be redeemed through those services. Boston Market is not responsible for, and makes no representations regarding, deliveries made through delivery services that are not our Delivery partners. Please refer to our Loyalty Terms of Use on bostonmarket.com for rules regarding Market Points and rotisserie Rewards. All of our menu items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain menu items at any time. You should contact the Delivery Partner who delivered your order if you have any issues.

For deliveries by our Delivery Partners, the delivery fee quoted at checkout may be different than the actual delivery fee for your order. Differences may occur based on changing availability of drivers, changes in traffic, and other factors between the time your submit your order and the time your order is dispatched for delivery, and Delivery Partner delivery fees are determined solely by our third party Delivery Partners. You agree to pay any such differences in delivery fee and that Boston Market is under no obligation to inform you of such changes before your payment method is charged for the actual prices, costs and/or delivery fee. You further agree that any and all claims arising from any difference in delivery fees quoted and actual delivery fees charged are the sole responsibility of our Delivery Partners, and you agree to hold harmless Boston Market for such differences.

Rewards. Delivery purchases are subject to our Loyalty Terms of Use found at bostonmarket.com. Purchases for delivery through our Delivery Partners are not eligible to earn or accumulate any Rotisserie Rewards, Market Points or other incentives offered by Boston Market.

Deliveries. Once you place your order, you should be provided with an estimated delivery time. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery services at any given time, and weather. You are responsible for inspecting all menu items you receive for any damage or other issues upon delivery. We, or our Delivery Partner, reserve the right to charge you the full order amount if you or your designated recipient is not at the designated delivery location to accept delivery when the delivery agent arrives to complete the delivery. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Boston Market, and that Boston Market is not responsible for any delay in delivery, or failure to deliver, by our Delivery Partners.

Cancellations; Refunds. You cannot make changes to, or cancel, a delivery order once it is placed. If you are dissatisfied with any menu time in your order, please contact us at bostonmarket.com/contact. We reserve the right, in our sole discretion, to issue a refund, or take no action.

Taxes. We will collect applicable sales tax on your order in the states for which we determine we have a duty to collect sales tax. If any order, or part thereof is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
No Resale. You are not permitted to resell or otherwise use any Boston Market item that is part of your order for commercial purposes.

Ownership and Licenses for the online services.

Boston Market intellectual property ownership.

Any and all rights in the online services are and shall remain the exclusive property of Boston Market or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Boston Market or its licensors’ rights.

Your license to use the online services.

Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Boston Market reserves all other rights.

Trademark information.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Boston Market or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

User submissions and unsolicited ideas.

User submissions.

Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Boston Market through the online services (together, “submissions”). You understand that by submitting any information to Boston Market through the online services, you grant Boston Market a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Boston Market will not be required to treat any submissions as confidential.

Unsolicited ideas.

It is Boston Market policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Boston Market, we’re unable to review new ideas from outside the Boston Market system. You expressly waive any and all claims against Boston Market and all other Members of the Boston Market System in connection with Boston Market consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

Copyright notice.

Boston Market will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Boston Market at: Boston Market Corporation, 14103 Denver West Pkwy., Golden, CO 80401, Attn: Legal Deptmt-DMCA copyright administrator, or by email to contact.dmca@bost.com

What to include in your infringement notice.

Please include the following information in your notice to us, along with your full name, address, telephone number and email address:

1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Boston Market to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

If Boston Market receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Boston Market may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the online services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.

Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions.

With respect to the online services (which includes content), you may not, and may not allow third parties, to:

1. Use the online services for any purpose that is unlawful or prohibited by these terms;
2. Delete or change any copyright, trademark, or other proprietary notices;
3. Attempt to obtain ownership or title to the online services, including the content;
4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
7. Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
8. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
9. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Boston Market network or any user accounts associated with the online services.

Limitations on liability and disclaimers.

Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ONLINE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE ONLINE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE ONLINE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE ONLINE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. BOSTONMARKET, ITS OWNERS, SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE ONLINE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE ONLINE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BOSTON MARKET’S RECORDS, PROGRAMS OR ONLINE SERVICES. IN NO EVENT SHALL BOSTON MARKET’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ONLINE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.

Boston Market provides the online services “AS-IS” and without any warranties.

The online services may include inaccuracies or errors. Boston Market provides the online services “as is” and without warranties of any kind either expressed or implied. Boston Market disclaims all warranties of merchantability and fitness or a particular purpose. Boston Market does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Boston Market for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.

Third party services.

The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Boston Market does not endorse and is not associated with any of these third party services. Boston Market has no responsibility arising from or related to these third party services.

Events beyond our control.

Boston Market has no responsibility for Boston Market’s failure to perform any of its obligations under these terms cause by or related to any event beyond Boston Market’s reasonable control. If such an event occurs, then Boston Market’s obligations under these terms will be suspended for the duration of the event; and Boston Market may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes.

You agree that:

1. any claim or dispute (whether in contract, tort, or otherwise) you may have with Boston Market or any other Members of the Boston Market System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
2. this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
3. the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Boston Market or other Members of the Boston Market System;
4. the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
5. the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
6. no claims shall be arbitrated on a class or representative basis as you and Boston Market hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Boston Market; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Boston Market under this provision;
7. you and Boston Market empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
8. in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Boston Market agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Boston Market 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; and
9. with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Boston Market nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. Further, both you and Boston Market agree to waive any right to a trial by jury.Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Boston Market are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.

Miscellaneous.

• Boston Market makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations outside of the United States, you do so at your own initiative and responsible for compliance with applicable local laws.

• Access to and use of the online services and these Terms are governed by the internal laws of the State of Colorado, without regard to conflicts of laws principles. Any legal action or proceeding relating to your access to or use of the online services or these Terms shall be instituted only in the federal and state courts in the State of Colorado in Denver County. By accessing or using the online services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding.

• Although these terms govern the online services as between Boston Market and you only (and, other than as set forth in the Terms, no other entity is party to these Terms), Boston Market third party beneficiaries under these terms and will have the right to enforce against you those rights that Boston Market holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Boston Market and other Members of the Boston Market System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 10 (“How we settle disputes”)
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If Boston Market fails to insist that you perform any of your obligations under these terms, or if Boston Market does not enforce its rights against you, or delays in doing so, that will not mean that Boston Market has waived its rights against you and will not mean that you do not have to comply with those obligations.
• Boston Market may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Boston Market agrees in writing.