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Arby's Terms of Use

Last Revised: October 2026

These terms and conditions of use (the “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) (collectively, the “Site”). Please read these Terms carefully before using this Site. The Site is owned or controlled by Arby’s Restaurant Group, Inc. (“Arby’s”). By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Arby’s, you agree to and are bound by the terms, conditions, policies and notices contained in the Terms. From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. This Site is offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Binding Arbitration 

These Terms provide that all disputes between you and Arby’s that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Arby’s.

Ownership of the Site

Content on this Site that is provided by Arby’s or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Arby’s Content") is the property of Arby’s and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Arby’s Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Arby’s, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Arby’s or its licensor's property, or that otherwise infringes Arby’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Arby’s Content or third party Content that appears on this Site.

Privacy

Please also consult our Privacy Policy for a description of our privacy practices and policies.

Site Access and Restrictions

The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Arby’s in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You may not use any automated means, including but not limited to robots, spiders, scrapers, crawlers, or any other automated tools or processes, to access, monitor, or copy any content, data, or materials from this website without our express written permission, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You are expressly prohibited from using, copying, or extracting any content, data, or materials from this website for purposes of training, developing, or improving artificial intelligence, machine learning models, or large language models.

Violations of system or network security may result in civil or criminal liability. Arby’s will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Accounts; Passwords

The Site is not intended for use by anyone who has not yet reached the legal age of majority (which in most jurisdictions is either 18 or 21). If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site.  Arby’s is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Arby’s Loaded Rewards™ Program

The Arby’s Loaded Rewards™ Program is offered at the sole discretion of Arby’s. Loyalty Program rules, terms, conditions, benefits or rewards may be modified at any time by Arby’s, with or without notice. Such changes may affect previously earned points and rewards.  Please also read the Privacy Policy and Terms of Use carefully to understand how Arby’s collects, uses and discloses information about its customers.  Program Description:  Arby’s Loaded Rewards™ is a customer loyalty program that allows a Member (as defined below) to receive and redeem Points for Rewards (as defined below) as well as receive Rewards and Offers (as defined below). No business entities, third-party aggregators, organizations, or groups may register for the Program or receive Points (as defined below) or Offers. ARBY’S reserves the right to limit participation and enrollment at any time. Only one account per person.

How to Enroll for New Members:

Go to https://www.arbys.com/ (“ARBY’S Website”) or the ARBY’S App (“ARBY’S App”) and create a new account and provide the following information:

  • First Name, Last Name, Password, Email, and mobile number

  • Birthday (month, day): It is optional to provide birthday in the ARBY’S App or to enroll through the ARBY’S Website. Providing a birthday will enable us to provide you with a targeted offer. 

  • Zip Code: It is optional to provide zip code in the ARBY’S App or to enroll through the ARBY’S Website. Providing a zip code will enable us to provide you with more targeted, market-specific offers.

How to Get Points in ARBY’S Loaded Rewards

  • To receive ARBY’S Rewards points (“Points”), you must make Qualifying Purchases (as defined below) for food or beverage products at participating ARBY’S locations through the ARBY’S App or on the ARBY’S Website (a "Qualifying Purchase”). Members must be registered, and are required to log-in to their account in order to receive Points, Rewards, Offers and Tier Rewards. You can also accumulate Points by participating in Program member promotion opportunities provided in the ARBY’S App or ARBY’S Website. The terms for the Points received from Program promotions (each a “Promotion” or a “Promotional Activity”) will vary and will be outlined in the Promotion details. There is no limit on the total number of Points that you can have in your Rewards account; however, each Promotion may have its own criteria for determining how many Points will be received through that Promotion. You cannot receive Points or Visits (as defined below) before you are a Member, nor will Points or Visits be retroactively applied.

  • Members may also receive Points on Qualifying Purchases made in-store at participating Arby’s locations by identifying themselves at the time of purchase. To receive Points in-store, a Member must either (a) provide the mobile phone number associated with their Arby’s Rewards account at the point of sale, or (b) present a valid Arby’s App offer code or other account identifier prior to completing payment.  If a customer who is not yet enrolled in Arby’s Rewards provides a valid mobile phone number at the point of sale prior to completing payment, such transaction may qualify for Point accrual provided that (i) the phone number is successfully used to create or associate with an Arby’s Rewards account, and (ii) all other Program requirements are met.  Points for in-store purchases will only be awarded if the Member properly identifies their account before payment is completed and presents their server with a valid offer code from the Arby's App. Points will not be awarded retroactively for transactions where a phone number, App code, or account identifier was not provided or captured at the time of purchase, except where otherwise determined by Arby’s in its sole discretion.  Arby’s is not responsible for transactions in which a phone number or account identifier is entered incorrectly, not recognized, or otherwise fails to link to a valid Member account at the time of purchase. Additional verification or limitations may apply, and Arby’s reserves the right to modify eligible identification methods at any time. 

  • ARBY’S Rewards members (“Members”) can receive ten (10) Points for every one U.S. dollar ($1.00) spent on Qualifying Purchases, exclusive of tax, fees, gratuities or discounts. Orders made through third-party delivery platforms (e.g. Doordash, Grubhub, UberEats, etc.) may not qualify as purchases toward Member status or receipt of Points. A maximum of two (2) purchases per day, and seven (7) purchases in any seven (7)-day contiguous period, will qualify as Qualifying Purchases toward Member status or receipt of Points. Only the first two (2) purchases in any one day or the first seven (7) purchases in any contiguous 7-day period will count toward Point accrual and Member status.

  • Bonus Points may be offered from time to time based on geographic location or  Promotional Activity (e.g., making certain Qualifying Purchases during certain time periods or making Qualifying Purchases using the ARBY’S App). Points for such activities will be given as described in the applicable offer and will be subject to any additional terms set forth with that offer. ARBY’S is under no obligation to provide Members with any particular number of Point opportunities or special offers.

  • Qualifying Purchases include all ARBY’S food and beverage products purchased at participating ARBY’S locations in the manner provided in these terms. Qualifying Purchases exclude the purchase or reload of ARBY’S Gift Cards, Rewards redemptions, Offers, purchase of retail merchandise, donations to charity unless otherwise specified, and certain non-ARBY’S Rewards promotional offers, and purchases of alcoholic beverages where prohibited. Other exclusions may apply. You will not receive Points for any amounts paid in delivery fees, surcharges, sales, use or other transactional taxes.

  • Point balances will be available in your account on the ARBY’S Website and in the ARBY’S App. In certain cases, it may take up to seventy-two (72) hours or more after a Qualifying Purchase for Points to be available.

  • From time to time, participating ARBY’S store locations may experience system unavailability and cannot process an ARBY’S Rewards transaction and Points will not be recorded. Members can contact Customer Care to request that Customer Care manually apply the Points for a Qualifying Purchase transaction into the Member’s account. The Customer Care Team can be contacted here or by calling 1-800-599-2729, Monday through Sunday 7AM – 7PM ET. Converted Points may not be immediately available in the account. Customer Care reserves the right, in its sole discretion, to deny any request to convert a Reward back into Points.

Delivery Platforms:

Points cannot be accumulated on purchases made through third-party delivery platforms.

How To Redeem Points for Rewards

  • Points may be redeemed for Rewards, which consist of select ARBY’S food and beverage items (“Rewards”). The number of Points required for a particular Reward will be outlined in the Reward Catalog, which is available in the ARBY’S App and on the ARBY’S Website and may be changed from time to time. Members must have at least enough available Points in their account for the Reward that the Member wishes to redeem. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction.

  • To use accumulated Points to get a Reward, the Member will select the Reward item via the ARBY’S Website or the ARBY’S App, and follow the prompts to submit the Reward request. Upon selection of a Reward to be redeemed, the Points for the Reward will immediately be deducted from the accumulated Point balance.

  • Points will be restored to a Member's account only in the event ARBY’S determines, in its sole and absolute discretion, that the Reward requested by that Member is unavailable or cannot be delivered. ARBY’S reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available.

  • Points can be redeemed for Rewards from the food and beverage roster in the ARBY’S App, or by visiting the ARBY’S Website here. To redeem Points for a Reward in the ARBY’S App, go to the Rewards Catalog and select the Reward you wish to redeem. The Reward will be added to your account. 

How to Redeem Rewards and Offers

  • ARBY’S may distribute other promotional offers to Members (“Offers”). Only one Offer may be applied to an order or transaction. You must redeem the Offer for it to take effect. Offers may expire and any expiration date will be visible on the ARBY’S App or ARBY’S Website.

  • Each Reward and Offer can only be used once. Once an Offer has been applied, it is non-refundable. If a Reward has not been redeemed or expired as described below, the Reward may be converted back into Points by contacting the Customer Care Team here or by calling 1-800-599-2729, Monday through Sunday 7AM – 7PM ET. Converted Points may not be immediately available in the account. Customer Care reserves the right, in its sole discretion, to deny any request to convert a Reward back into Points. 

  • For menu Reward items, the Rewards are accessible instantly upon request and will be available to use for sixty (60) days from the time the Reward request was submitted. Menu item Rewards may be applied to a purchase of that item via the ARBY’S App or ARBY’S Website if that item is purchased at a participating ARBY’S drive-in within the sixty (60)-day period. For menu items, the submitted Rewards that are not redeemed will automatically expire at the end of that sixty (60)-day period. The Program Reward requirements are subject to additions, modifications, inclusion/exclusion changes and eliminations. Neither expired Rewards, nor the Points used to request such Rewards will be replaced or re-credited to a Member’s account.  

Points, Rewards, Offers and Member benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred, except that the Program may allow a Member to donate or gift Points and/or Rewards in certain limited instances. Neither Rewards nor Offers are gift certificates. Rewards and Offers are promotional and have no cash value. Neither Rewards nor Offers may be exchanged for cash, any cash equivalent, or any other products, or combined with other discounts or coupons.

  • Rewards and Offers may not be used toward payment of tax or gratuity, for the purchase of alcoholic beverages, or ARBY’S Gift Cards. Rewards and Offers have no cash value, are not for resale and are not redeemable for cash. ARBY’S reserves the right to substitute a Reward or Offer of equal or greater value for any reason. ARBY’S reserves the right to delay the processing of any Reward or Offer, without notice to you, in order to ensure compliance with these Terms. Void where prohibited.

  • Attempts to redeem single-use offers and verification codes for Rewards or Offers multiple times or through multiple users may constitute fraud and may result in the termination or suspension of your account.  

Point Expiration

Points expire one (1) year after they are received by the Member and will be removed from the Member’s account. Points, Rewards, and Offers cannot be reinstated after they have been removed.

ARBY’S reserves the right to invalidate purchases credited to a Member’s account and associated points if it is determined that (a) Points were incorrectly posted to such account, or (b) Points were obtained fraudulently. 

Additional ARBY’S Rewards Loyalty Program Terms

Rewards and Offers may be issued by ARBY’S on a periodic basis, and the number, type and frequency of rewards may be based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at participating ARBY’S, member account usage, type and amount of personal information provided (for example, email address), and type and amount of participation in and/or interaction with other ARBY’S programs and/or applications. You are not obligated to accept or utilize any Rewards. ARBY’S has no obligation to expand or continue any test or program, and may discontinue the Program at any time. ARBY’S is not responsible for undeliverable, lost, returned or misdirected emails or other correspondence, or for use of your account or rewards issued, without your permission. Programs and Rewards are valid only in the United States. Your participation in the Programs may be discontinued by ARBY’S in connection with actual or suspected unauthorized or fraudulent use of the Programs or violation of these terms. ARBY’S reserves the right to seek all remedies available by law and in equity for violations of any of the terms, including suspending or blocking your access to your account. ARBY’S reserves the right to terminate a ARBY’S Account and/or participation, including cancelling  Rewards, Offers, and/or Points in ARBY’S Rewards if the Member violates the Privacy Policy or these Terms, or if the use of the Member’s account is unauthorized, fraudulent, or otherwise unlawful or in violation of any of those policies or terms. ARBY’S also reserves the right to cancel Rewards, Offers, or Points on an account if it is determined that (a) such Rewards, Offers, or Points were incorrectly posted to the account or (b) the Rewards, Offers, or Points were obtained fraudulently. ARBY’S determinations of participant eligibility or any questions or disputes arising under ARBY’S Rewards shall be final and binding and not subject to challenge or appeal. You are responsible for all activity on your ARBY’S account. All information submitted must be truthful and accurate. It is your responsibility to ensure that information provided remains current, and to promptly notify us of any changes. You are responsible for restricting access to and maintaining confidentiality of your ARBY’S account and password. ARBY’S reserves the right to change, modify, or terminate ARBY’S Rewards, or any or all benefits under ARBY’S Rewards or any policy pertaining to ARBY’S Rewards, at any time, for any reason, including our right to change the expiration date or redemption value of Rewards, Offers, and/or Points merge ARBY’S Rewards with another program, or to adjust how Rewards, Offers, or Points are received, calculated or redeemed. ARBY’S Rewards will continue until such time as ARBY’S, in its sole discretion, elects to terminate ARBY’S Rewards. ARBY’S has the right to terminate ARBY’S Rewards at any time without providing electronic or written notice to you. ARBY’S reserves the right to offer additional ARBY’S Rewards benefits or bonus Rewards, Offers, or Points to some Loyalty Members based on geographic location, program participation or other criteria as determined by ARBY’S. Some of our special promotional offers, benefits, and communications also may be based on the volume or type of purchases. Some of our special promotional offers, benefits, and communications also may be based on the volume or type of purchases. Special offers are distributed by email or through the ARBY’S App, so you must opt-in to receive promotional and marketing emails from ARBY’S and provide a valid email address in order to receive them via email. You may opt-out of receiving additional ARBY’S communications and still remain an active Loyalty Member. There are no membership fees associated with ARBY’S Rewards, although use of online services in conjunction with ARBY’S Rewards may result in data charges, internet access fees or similar expenses. ARBY’S will not have any liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption, or accumulation of Rewards, Offers, or Points or any other aspect of ARBY’S Rewards; (b) any delay or failure to credit your account; or (c) any failure to provide program communications. 

Arby’s Gift Cards

Arby’s gift cards are subject to the Arby’s Gift Cards Terms and Conditions.

Ordering; Availability; Payment

You can purchase products and/or services on the Site. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the United States. Arby’s reserves the right, without prior notice, to discontinue or change specifications on products and/or services offered through the Site. Arby’s reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

All descriptions, images, features, specifications, products, and prices of products and/or services are subject to change at any time without notice. The inclusion of any products or services on a Site does not imply or warrant that these products or services will be available. Arby’s reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any products or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any products or service. You acknowledge and agree that web and mobile ordering and the ability to purchase products or service is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location. Once an order for any products or services is made on the Site, changes cannot be made to the order except to the extent Edit Options are made available on the Site in Arby’s sole discretion.

We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Arby’s may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Site Accuracy

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Arby’s Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Site are your sole responsibility and we shall have no liability for such decisions.

Third Party Websites

This Site may hyperlink to sites not maintained by or related to Arby’s. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Arby’s, and Arby’s makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Arby’s has no control over how your information is collected, used, or otherwise handled.

Mobile Application

The use of Arby’s mobile application (“App”) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Arby’s, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees or information sent to or through the App. Arby’s does not warrant that the App will be compatible with your mobile device. If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.

SMS Terms and Conditions

By consenting to Arby’s SMS marketing, you agree to receive recurring text notifications, text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving marketing text messages and notifications, reply with STOP to any mobile message sent from us. We may not recognize and respond to unsubscribe requests that contain words or phrases other than STOP. We do not charge for the service. Message and data rates may apply. Depending on your plan with your wireless or other applicable provider, you may receive charges from your carrier or provider. Message frequency varies.

For any questions, You can contact us at (800) 599-2729 for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be responsible for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Supported Carriers include: AlltelAWCC, AT&T, Boost, Cricket (Leap), Cellcom, Cellular South, Cincinnati Bell, Nextel, nTelos, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile, U.S. Cellular, ACS Wireless, Bluegrass Cellular, Centennial Wireless, ECIT – Cell One of East Central IL, EKN/Appalachian Wireless, GCI Communications, Illinois Valley Cellular, Immix Wireless/PC Management, Inland Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, Thumb Cellular, United Wireless, West Central Wireless, MetroPCS, C Spire, Carolina West Wireless (CWW), and Bandwidth. The list of these carriers may change without notice. We and the Supported Carriers are not liable for delayed or undelivered messages.

For purposes of compliance with the Florida Telephone Solicitation Act, the Florida Telemarketing Act and the Florida Do Not Call Act, you agree that at the time we message you, we may assume that you are not a Florida resident or visitor unless, at the time of your opt-in to the program, (1) any contact address you provided is located in Florida; (2) the area code for the phone number used to opt-into the program is a Florida area code; or (3) you have affirmatively advised us in writing that you are a Florida resident or visitor by sending notice to us at Contact Us | Arby's . You agree that the requirements of the Florida Telephone Solicitation Act, the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident or visitor, if you do not meet these criteria. If you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to certain keywords, opt-in, help or stop requests and shipping notifications) and shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida consumer protection laws, including but not limited to the Florida Telemarketing Act, to the extent the law is otherwise relevant and applicable. In addition, you acknowledge and agree that your receipt of one or more text messages from us does not constitute any “injury” to you. You further agree to text “STOP” to us to the extent you want to no longer receive messages to us, and you waive any claim that any response other than texting the word “STOP” constitutes a valid opt out from text messages. In the event that you are seeking to enforce any provision of the Florida Telephone Solicitation, Do Not Call or Telemarketing Acts in arbitration, those laws shall apply to you only to the extent that you can provide two forms of evidence of domicile in Florida (e.g. driver’s license and utility bill) and documentary evidence that you received the messages while in Florida (e.g. call records and evidence of date of travel.) Your failure to produce such evidence in arbitration may be deemed sufficient to rebut any presumption arising from the fact that a call or text was made to a Florida area code. In opting into Arby’s SMS marketing, you acknowledge that you have consented to text messages from a short code and you further understand and agree that short codes cannot send or receive voice calls and are subject to limited messaging functionality, and you further agree that this functionality is sufficient for your text message communications needs with Arby’s.

Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. Arby’s makes no representations about the reliability of the features of this Site, the Arby’s Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Arby’s makes no representations regarding the amount of time that any Arby’s Content or User Content will be preserved.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. ARBY’S DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ARBY’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ARBY’S BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ARBY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ARBY’S OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ARBY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Export Policy and Restrictions

You acknowledge that the products and Arby’s Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Arby’s from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Governing Law

These Terms will be governed by and construed in accordance with the internal laws of Georgia without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Atlanta, Georgia.  You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law.

Arbitration Agreement

Agreement to Arbitrate All Disputes. Except as it relates to qualifying small claims and injunctive relief as explained below, you agree that any and all disputes, controversies, or claims arising between you and Arby’s (each a “Claim” and collectively “Claims”), including but not limited Claims arising out of or relating to the Site, use of the Site, these Terms and/or the Privacy Policy shall be settled by binding and final arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mass Arbitration Supplementary Rules (“AAA Rules and Procedures”). The AAA Rules and Procedures are available at www.adr.org. The arbitration will be heard and determined by a single arbitrator, who shall be selected pursuant to the AAA Rules and Procedures. The arbitrator’s decision, judgment, or award in any such arbitration will be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this agreement. The arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor all claims of privilege recognized at law. For the avoidance of doubt, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the arbitrability of any Claims, the scope, applicability, interpretation, and enforcement of this arbitration agreement, and the interpretation, applicability, enforcement, formation of these Terms and/or the Privacy Policy.

Small Claims and Injunctive Relief.  This arbitration agreement does not preclude you from pursuing qualifying small claims in small claims court. If your Claims qualify for small claims court, you may still assert your Claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and Arby’s both retain the right to apply to any court of competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Class Waiver.  You may not act as a class representative or private attorney general or participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated.

Arbitration Costs and Procedures. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules and Procedures. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive as compared to the costs of litigation, Arby’s will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being cost-prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the AAA Rules and Procedures, the arbitration shall proceed in a location determined by the arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties.

Enforcement and Invalidity.  If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Arby’s shall be entitled to arbitrate their dispute.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES AND PROCEDURES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ARBY’S WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Termination

Arby’s may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Arby’s will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Other Terms

Any other terms on our Site are hereby incorporated by reference into these Terms.

Assignment

Arby’s may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void

Miscellaneous

These Terms constitute a binding agreement between you and Arby’s and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Arby’s regarding the use of the Site and your account. Both you and Arby’s acknowledge and agree that no partnership is formed and neither of you nor Arby’s has the power or the authority to obligate or bind the other. If Arby’s fails to act with respect to your breach or anyone else's breach on any occasion, Arby’s is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.