Effective Date: September 28, 2023
These are the Terms of Use (“Terms”) for Hooters of America, Inc. and its affiliates and subsidiaries (“Hooters”). These Terms apply when you visit any of our websites, including hooters.com (our “websites”), use our mobile apps (“app”), and use any of our services, including but not limited to purchasing items in restaurants, ordering to-go or delivery, ordering products online, using our rewards program, and attending events sponsored by Hooters (together, the “services”). These Terms and the Privacy Policy constitute the entire agreement between you and Hooters, superseding any prior agreements between you and Hooters.
PLEASE READ THESE TERMS OF USE CAREFULLY. By using our services, you agree to these Terms of Use without limitation or qualification. You attest that you are at least eighteen (18) years of age. You further warrant that you will not use our services for any unlawful purpose. Please note: these Terms of Use contain disclaimers and other provisions that limit Hooters’ liability to you.
Hooters takes children’s privacy seriously. By accepting these Terms through your use of our services, you certify that you are at least 18 years of age or are at least 13 years of age and are participating in our services under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use our services. Please note that only individuals above the age of 18 may participate in our rewards program.
YOUR REPRESENTATIONS AND WARRANTIES TO HOOTERS
By using our services, you represent, warrant, and agree:
ACCESS AND CONDITIONS OF USE
You may use our services only for lawful purposes and in accordance with these Terms. When using our services, you agree:
Additionally, you agree:
Hooters reserves the right to temporarily or permanently modify or discontinue our services with or without notice. Hooters reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
COMMUNICATIONS
As part of your use of our services, you consent to receive electronic notifications from Hooters. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each electronic message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain necessary service announcements or notifications even if you have opted-out from other messages. If we employ an opt-in text-messaging program, additional terms may apply.
THIRD PARTY ADVERTISING AND MARKETING
Advertising. Hooters may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our websites and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Hooters and our partners. If you do not wish to receive such advertising, you may contact us through the information provided in the “Contact Us” section. Hooters may compile and release information regarding you and your use of our website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our website.
Third Parties. Our websites or third parties may provide links or other access to other websites and resources on the Internet. Hooters has no control over such websites and resources and Hooters is not responsible for and does not endorse such websites and resources.
HOOTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HOOTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE OR APP, EVEN IF THERE IS NEGLIGENCE OR HOOTERS OR AN AUTHORIZED HOOTERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Hooters’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this website or the app.
Distribution Restrictions. Material from our services may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of Hooters, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates Hooters’ intellectual property rights. The material in this website and our app is provided for lawful purposes only.
Material Downloads. If you do download images or other material from our website or app, all files, images, and accompanying data are deemed to be licensed to you by Hooters, which retains full and complete title to such images and material. All of the material available on this website or the HootClub mobile app is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.
Remedies. You agree that the unauthorized use of this material could cause irreparable harm to Hooters and that in the event of an unauthorized use, Hooters shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
Content You Provide. All remarks, comments, graphics, photos, or other information communicated to Hooters through this website or the app will forever be the property of Hooters. Hooters will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, Hooters will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere.
You agree that Hooters is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website or app for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By using the website and mobile app and transmitting an unsolicited submission to Hooters you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against Hooters relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
Restrictions. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Hooters will fully cooperate with any law enforcement authorities or court order requesting or directing Hooters to disclose the identity of anyone posting any such information or materials.
No Liability. Under no circumstances will Hooters be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hooters does not have a duty to pre-screen content, but that Hooters and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Hooters to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
To find out more about the Hooters’ privacy practices, please see the Hooters’ Privacy Policy located at /Company/PrivacyPolicy.aspx. By using our services, you agree to our Privacy Policy.
Some features that may be available on our website or our app require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. Some features require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. Hooters may assume that any communications Hooters receives under your password have been made by you unless Hooters receives notice otherwise.
The HootClub Rewards program (“HootClub Rewards”), is our customer loyalty program that allows you to accrue points towards free or discounted menu items, coupons, and other special rewards and benefits. You can accrue points by downloading our app and creating an account, referring friends to download the app, dining at certain participating Hooters restaurants in the United States (“Participating Restaurants”), placing to-go or delivery orders from our websites or app, or engaging in other qualifying activities. You may not accrue points from any third party or catering orders. Not all Hooters franchisees qualify as Participating Restaurants. There is no cost to join HootClub Rewards. Participation is limited to U.S. residents over the age of eighteen (18), void where prohibited, and subject to these Terms.
When you participate in HootClub Rewards, you agree to be bound by and comply with our Terms, and any additional terms that may be made available to you. Do not participate in the HootClub Rewards, and cancel your HootClub Rewards account within the app, if you do not agree to any of these Rewards Terms.
Accounts. After downloading our app, you will be prompted to create an account. You can sign up manually, or login through the Apple or Facebook log-in extension. Please note that Apple and Facebook have different Terms of Use and Privacy Policies that you should review before enrollment.
By downloading our app and creating an account, you will be enrolled automatically in HootClub Rewards. If you do not wish to participate in HootClub Rewards, choose the “Explore as a Guest” option within our app. Do not create an account.
To participate in HootClub Rewards, you must complete the HootClub Rewards account registration process and provide a valid email and phone number. Additional information may be required, such as birthdate and favorite store location. An individual may only have one HootClub Rewards account.
By maintaining a HootClub Rewards account, you agree to keep your account information current, to secure your account credentials and log-in information, and not to let others access or use your account.
You must promptly update your account with any changes to your personal information. You may view your HootClub Rewards activity, track visits, and manage and cancel your account, through our app. To withdraw from HootClub rewards, you must delete your account through the “Delete My Account” link found on the profile page of our app.
You must use your HootClub Rewards account in accordance with these Terms and all applicable law. If you violate any of these Terms, we may terminate your account, and prevent you from creating any subsequent account, because of conduct that we determine, in our discretion, violates these Terms, any applicable law, involves fraud or misuse of our services and HootClub Rewards, or is harmful to others.
Earning Rewards. For every dollar spent at Hooters, you receive virtual points (“Points”), valued differently depending on user level, to put towards earning special discounts, appetizers, and other rewards (“Rewards”).
You can obtain Points on any purchase in-store, in-app and online, including merchandise purchased from a Participating Restaurant, food, and non-alcoholic drinks, excluding amounts paid for tax, tip, and delivery fees and service charges (“Qualifying Purchase”). No points are awarded on dollars spent on the purchase of gift cards, online merchandise, alcoholic beverages, or vape products. Points have no cash or property value. Purchases made prior to joining HootClub Rewards are not eligible to earn Points.
To earn Points, you must scan your receipt of purchase barcode, found at the bottom of your receipt, or enter the number found with the barcode manually within the app. No receipts that are more than thirty (30) days old can be scanned or manually entered into the HootClub app. When you manually enter a barcode, your Points may take up to forty-eight (48) hours to appear in your account.
Occasionally, in our sole discretion, we may offer ways to receive Points or Rewards for non-purchase activities (“Qualifying Activities”). Qualifying Activities may include birthdays, holidays or other events.
Changes to Program. Hooters reserves the right to change or modify HootClub at any time and in our discretion. If Hooters makes changes to these Terms, we will provide necessary notice in accordance with the law.
Location Features. If you have enabled location-based features on your mobile device, or use our Wi-Fi services, you acknowledge that your mobile device’s location may be tracked and shared with others consistent with our Privacy Policy. Our app allows you to disable some location-based features or manage preferences related to them.
From time to time, Hooters may offer promotions through either in-store dining options or HootClub Rewards that include additional discounts on food and merchandise, free food, or other rewards to HootClub Rewards members (a “Promotion”). HootClub Rewards membership eligibility requirements apply. Promotions offered through our services are only available at Participating Restaurants.
Promotion Disclaimers. Promotions are subject to additional terms and conditions appended to the Promotion (“Promotion Disclaimer”). If there is any discrepancy between the Promotion Disclaimer and these Terms, the Promotion Disclaimer will govern.
Promotion Expiration. Each Promotion is only valid for the period specified in the Promotion Disclaimer. Promotions end at 11:59 p.m. (Eastern Time) on the expiration date unless indicated otherwise. Promotions are not automatically added to your order total. To redeem Promotions,
you must activate the Promotion within the app by pressing the ‘Redeem’ button and give the resulting code to the attending service professional prior to making payment. Each Promotion is one-time use per customer only and cannot be used in conjunction with any other offer or Promotion even if the purchase is less than the total promotional credit value. If your Promotion is for a percentage discount, Hooters reserves the right to cap the amount of the promotional credit. The Promotion is not valid on prior orders, prior purchases, or pre-orders items. Promotion is non-transferable and may not be shared, resold, auctioned, or traded.
Changes to Promotions. Hooters reserves the right to modify or discontinue any Promotion at any time.
We may offer you certain incentives from time to time to create a HootClub Rewards account, such as a free appetizer or extra Points credited to your account following registration.
We are providing you with this Notice of Financial Incentive so that you may make an informed decision about whether to become a HootClub Rewards member. The material terms of HootClub Rewards are described in these Terms. We offer you the opportunity to create a HootClub Rewards Account to be eligible for certain perks within HootClub Rewards.
We estimate the value of your personal information is approximately equivalent to the monetary value of the discounts provided through your membership in HootClub Rewards.
When you become a HootClub Rewards member, we will collect and keep the personal information you provide, or that you have previously provided, including your first name, last name, email address and password. You may choose to provide additional personal information, such as your date of birth, when becoming a HootClub Rewards member.
Our full collection practices are described in our Privacy Policy, found at [https://www.hooters.com/privac... We collect and use the following categories of personal information about you in connection with joining HootClub, and offering you the benefits described herein:
HootClub Rewards Levels. When earning points, you have the opportunity to gain status levels depending on the amount of points obtained. Point value is dependent on user level. HootClub Rewards has four levels, described below.
Level Bronze. New HootClub Rewards members with 0 to 6249 points. $1 = 25 points. Free appetizer with a maximum value of $8.99 after eighth Qualifying Visit.
Level Silver. Existing HootClub Rewards members with 6250 to 18749 points. $1 = 30 points. Free appetizer with a maximum value of $8.99 after eighth Qualifying Visit.
Level Gold. Existing HootClub Rewards members with 18750 to 56249 points. $1 = 40 points. Free appetizer with a maximum value of $8.99 after eighth Qualifying Visit.
Level Orange. Existing HootClub Rewards members with more than 56250 points. $1 = 50 points. $10 discount towards a future visit after eighth Qualifying Visit.
Your use of our services, including HootClub Rewards is at your risk. Neither Hooters nor any other party involved in creating, producing, or delivering the website or app is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website or app. Without limiting the foregoing, EVERYTHING ON OUR WEBSITE, APP, AND SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Hooters also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or mobile app or your downloading of any materials, data, text, images, video, or audio from the website or mobile app.
The material in this website could include technical inaccuracies or typographical errors. Hooters may make changes or improvements at any time.
Further, you may link to external websites (i.e., YouTube, Facebook) from our website or the app, and Hooters makes no warranties and assumes no responsibilities as to those websites. Linking to any such external sites from a Hooters website or app is at your own risk.
If you believe that any material contained in Hooters’ website or mobile app infringes your copyright, you should notify Hooters of your copyright infringement claim in accordance with the following procedure.
Hooters will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Hooters Designated Agent, who is:
The Legal Department, Hooters of America
Attn: Alisa Cleek
1815 The Exchange SE
Atlanta, GA 30339
Effective Notifications. To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Applicable Law. Terms will be governed by the laws of Georgia without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Hooters agree to submit to the personal and exclusive jurisdiction of the local courts located in Fulton County and the federal courts located in the United States District Court for the Northern District of Georgia.
Hooters controls and operates this website from its headquarters in Atlanta, Georgia, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to our website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of this website, is contrary to the laws of the place from which you access the website, then this website is not intended for your use.
If you use our website from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from our website or app, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use.
Hooters or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Hooters sites and mobile app, and (b) all related documentation and all copies and installations. Hooters may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon such termination, you must destroy all materials obtained from any Hooters website or app.
You agree to indemnify, defend and hold harmless Hooters and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this website and/or the mobile app and any violation of these Terms of Use. If you cause a technical disruption of this website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our website after the date of any such changes become effective constitutes your acceptance of these Terms.
Transfer. Hooters may assign or transfer these Terms, in whole or in part, without restriction.
No Waiver. The failure of Hooters to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding these Terms, you may contact us using the information below.
Email: [email protected]
Mail:
Terms of Use at Hooters
Attn: Legal Department
1815 The Exchange
Atlanta, GA 30339
When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.