Terms and Conditions

Captain D’s, LLC (“Captain D’s”) provides access to captainds.com (the “Site”) free of charge to provide information about Captain D’s, its menu, and general franchising information. Your access and use of the Site is governed by the terms and conditions set forth below (the “Terms of Use”), as well as any applicable laws, statutes, and regulations. By accessing or using the Site, you agree to abide by these Terms of Use. You understand that the sole authorized use of the Site is to obtain information about Captain D’s and no other use is permitted.

Ownership

Copyright in all material on the Site is either owned or controlled by Captain D’s or is used by Captain D’s with permission; copyright in the compilation of all materials on the Site is owned by Captain D’s. All trade names, trademarks, service marks, logos and trade styles on the Site are either owned or controlled by Captain D’s or used with permission. Any use of the marks is strictly prohibited without obtaining the owner’s prior written permission. Images displayed on the Site are either the property of Captain D’s or used with permission. The use of those images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Use of Materials on the Site

Documents, images and proprietary information of Captain D’s appearing on the Site, including the contents of descriptions of Captain D’s business, biographical descriptions of its representatives and personnel, and press releases and other public notices, together with any associated graphic elements, may be copied, reproduced, downloaded or otherwise used solely provided that the following terms are strictly adhered to: (1) a copyright notice in the form “© Captain D’s, LLC. Used with permission. All rights reserved.” appears on every copy or reproduction of the materials; (2) the materials are used solely for noncommercial, personal purposes; (3) the materials are not altered, edited or condensed; and (4) the materials are not used to ridicule, disparage, harass or annoy any party. No other use of the materials shall be permitted. The materials available for use as set forth above do not include the design, layout, arrangement or distinctive elements of the Site.

In addition, the content of the Site may contain documents, images, information, and other materials not proprietary to Captain D’s, such as photographs, clip art, film clips, musical passages, audio track and sound effects elements, and the names, likenesses, trade names, trademarks, logos, and designations of third parties (including past and present clients of Captain D’s). Any use whatsoever of the materials is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured.

Unsolicited Ideas

Captain D’s does not accept or consider unsolicited ideas or materials of any kind through the Site. Please do NOT submit any such materials at any time. If you do submit any ideas or materials, Captain D’s will consider all ideas and materials submitted as non-confidential and free of any claims of proprietary or personal rights. Those materials and all rights will become Captain D’s property, free and clear of any claims by you or others, and Captain D’s will have the right to use them for any purpose, including advertising and promotion, without compensation, payment or any other obligation to anyone, including you.

Prohibited Conduct

You may not use or contact the Site to disrupt or damage the Site, its contents, or its security measures or to harass or disparage Captain D’s, its franchisees, or their respective products, services, or personnel. No unsolicited email (spam) may be directed to or through the Site.

Violation of Third Party Rights

If you believe that any material on the Site, whether posted by Captain D’s or by third parties, violates the copyrights or other rights of third parties, please contact Captain D’s with complete details at 624 Grassmere Park Drive, Suite 30, Nashville, Tennessee 37211, so that Captain D’s can make an informed decision about possible deletion.

Disclaimers

The Site is offered AS IS and without warranties of any kind. Captain D’s is not responsible for timeliness, accuracy, completeness, unavailability or interruptions in availability, viruses, or other defects in the Site or its contents. Captain D’s disclaims the implied warranties of merchantability and fitness for a specific purpose, as well as title and non-infringement. In no event shall Captain D’s be responsible for any damages to users or their computer systems or otherwise, even if Captain D’s has been informed of the possibility of such damages and without regard to negligence.

Governing Law

Any claims arising out of or relating to your use of the Site will be governed by the laws of the State of Tennessee. Any claims of any kind related thereto must be filed in the courts located in the State of Tennessee.

Revisions

Captain D’s reserves the right to revise and update these Terms of Use. Any such revisions will be effective on the date of posting to the Site. You should periodically visit this page to review the current terms to which you are bound.

Questions

If you have questions or comments about Captain D’s, the Site, or these Terms of Use, please email us at webmaster@captainds.com or mail us at 624 Grassmere Park Drive, Suite 30, Nashville, Tennessee 37211. Captain D’s welcomes questions. Unfortunately, because of the anticipated high volume of correspondence, we cannot guarantee that we will respond to correspondence on an individual basis.