LAST REVISED: October 4, 2019

Table of Contents

1. Acceptance of Terms of Use
2. Information Practices and Communication
3. Children & Data Collection
4. Ownership
5. Comments
6. Content and Use of Websites
7. Links
8. Service Providers
9. Disclaimer

10. Limit on Liability
11. Indemnification
12. Choice of Law & Dispute Resolution
13. No Assignment
14. Severability
15. No Waiver
16. Headings
17. Complete Understanding

Important: please carefully review these terms of use, (“terms”). The terms form a binding contract, between you (“you”) and Franchise World Headquarters, LLC, (“FWH” “we” or “us”).

The terms require you to arbitrate disputes, in accordance with the terms of Section 12 “Choice of Law & Dispute Resolution” below, with us rather than resolve disputes through a jury trial or class action.

The terms contain limitations on your legal rights including our liability to you.

By accepting the terms, you also understand and consent to our privacy statement, which is incorporated into, and part of, this contract. Our privacy statement describes how we collect, use and share information.

Our websites in the United States of America (“USA”) 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 our online ordering services or the Subway® app. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must agree to these terms in order for you to use our websites.

We operate and host the Websites (the “Websites”) located at: www.subway.com  and Subway Listens Web Site, on servers that are located in the USA on behalf of Doctor’s Associates Inc., (“DAI”), the franchisor of the Subway® brand for the USA, and Subway Franchisee Advertising Fund Trust, Ltd. the advertiser for the Subway® brand in the USA.

By accessing, browsing, and/or using the pages or services posted on the websites, you agree to these terms. You consent to receive required notices (if any). You represent that you are at least eighteen (18) years of age or the age of majority in your state or that you are at least thirteen (13) years of age and your parent or guardian has reviewed these terms with you and has agreed to them.  If you do not wish to be bound by these terms of use, please do not access, browse, or use the websites.

We may change the Terms at any time in our sole discretion.  The changed Terms will be effective immediately upon posting and, by continuing to use any of the Website, you agree to the new Terms.  You are responsible for staying informed of any changes.  If you do not agree to the new Terms, your only remedy is to discontinue use of the Websites.

While we may make reasonable efforts to provide accurate and timely information about the Subway® brand on the Websites, you should not assume that the information provided is always current or that the Websites contain all the relevant information available.

The Websites may include the following: a Subway® restaurant locator; menu & nutrition information; catering information; Subway® Fresh Buzz information; contact information; “about us” information, including history, news, social responsibility, and FAQs; career information; and Subway® franchise information.

Menu or nutritional information provided on the Websites is for informational purposes only, and assumes that the individual restaurants have complied with ingredient requirements and our standardized recipes. Nutrition information is compiled by a Registered Dietitian using nutrition analysis from approved food manufacturers, independent laboratories and the USDA Nutrient Database for Standard Reference. The nutrition information listed is based on standard recipes and product formulations, however slight variations may occur due to season of the year, use of an alternate supplier, region of the country and/or small differences in product assembly. Certain product or nutritional information may not apply to all restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact the restaurant.

While we operate the Websites, we are not responsible for the operation of Subway® restaurants. Instead the restaurants are owned and operated by independent franchisees. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and for any employment related matters in the restaurant.

The Websites may provide links to job opportunities posted by us or Subway® restaurants. Opportunities that are posted on www.mysubwaycareer.com are with the restaurant alone and not with us or our affiliates. This means that the restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. We do not receive a copy of any application you submit to a restaurant that is a franchise and independently owned and operated. We do not control whether you receive an interview or are hired. We do not control the franchisees’ employment policies and practices. Neither we, nor DAI, nor our affiliates employ independent franchisees. If you are hired by a restaurant that is a franchisee, only that franchisee, and neither we, DAI, nor our affiliates will be your employer.

Any information available on the Websites is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for informational purposes only. In the event of any conflict or difference in interpretation, the language in the Subway® Franchise Disclosure Document (“FDD”) shall prevail. Franchise Offering is by prospectus only. An offer for the sale of a franchise is only commenced by the delivery of the FDD to you in compliance with the Federal Trade Commission Rule on Franchising and the various state laws that regulate the sale of franchise opportunities.

Your privacy is important to us.  We provide a Privacy Statement that explains our information practices and how we may use and share your personal information.  Except where additional notice or consent is required by law, by accessing, browsing, and/or using the pages or services posted on the Websites, you agree to our Privacy Statement and to the collection, use, and disclosure of personal information and any submissions in accordance with our Privacy Statement.  Click here to view our Privacy Statement which are incorporated into and become a part of the Terms.

In accordance with our Privacy Statement, we may use the information that you have provided to us to communicate with you. You have a choice in how we communicate with you.  You may opt in to receive emails or text messages to the e-mail address or mobile number you provide to us. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, news, and other messages from us.

When you opt in to receive text messages, you understand that our text message programs are separately governed by our Text Messaging Terms of Use. You understand and consent that you will receive text messages (“SMS”) from an automated system.  You further understand that your consent is not required to make any purchase.  If you wish to opt out of receiving text messages from us text STOP to 782929 or call (844) 788-7525.  If you opt out, you will receive 1 final text message confirming your decision to unsubscribe.  For more information, please see our Text Messaging Terms of Use.

If you have a Subway® account you can opt-out of e-mail or SMS messaging by toggling the selections in your account.  Or, if you previously selected to receive News and Offer e-mails from us, you can click on the link here and follow directions to change the communications that you receive.

In addition, our communications themselves may include the opportunity to opt out.  For example, our News and Offer e-mails include an unsubscribe link.

You agree that you may need to separately manage your communication preferences for each communication method.  For example, if you opt out of receiving marketing emails, you will 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 type of communication.  Additionally, even if you have opted out of receiving e-mail marketing messages, you understand and agree that we may continue to send you e-mail messages concerning your orders, either placed on-line or through the Subway® App, and your account.  If you are receiving communications from a Subway® franchisee you will need to opt out from them directly.

The Websites may offer opportunities for you to transmit content via third-party social networking websites and products.  Any use of third party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

The Websites are not targeted towards individuals who are under the age of thirteen (13).  If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review the Terms with your parent or guardian and they must agree to the Terms in order for you to use our Websites.

If you or your parent or guardian do not agree to the Terms, then you must immediately stop using the Websites.  We will not knowingly allow anyone under thirteen (13) years of age to provide us with any personal information about themselves (such as their names, email address, and phone number) over the Internet.  If a minor has provided us with personal information without the consent of a parent, we ask the parent to contact our Privacy Office immediately at:  privacy@subway.com.  We will use all reasonable efforts to promptly delete the minor's personal information from our servers and records.

Unless otherwise noted, all materials on the Websites are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by us. Subway® and the Subway® logo are registered trademarks and service marks owned and registered by Subway IP Inc. and licensed to us. Subway IP Inc.’s marks on the Websites represent some of the marks currently owned or controlled in the USA and/or in one or more other countries by Subway IP Inc. or its licensees. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Subway IP, Inc.’s or its licensee’s worldwide proprietary ownership rights, and Subway IP Inc. may own or control other proprietary rights in one or more countries outside of the USA. All rights not expressly granted are reserved. These Terms do not grant you any rights to the trademarks or service marks of the Subway® System or any Service Provider, (as defined in Paragraph 9 below). The Websites may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

We will respond to notices of alleged copyright infringement that comply with the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”).  If you think your copyrights are being infringed on the Websites, you can submit a written notice to DMCA@subway.com.

Our Websites may allow you to post or send us comments, questions, compliments, and complaints, (“Comment”).  Any Comment you make is voluntary, non-confidential, and gratuitous.

You agree you are, and shall remain, solely responsible for the content of any Comment you make.  Concerning any Comment that you post or send, you will not:

You agree that the unauthorized use of the Materials could cause irreparable harm to FWH, and that in the event of an unauthorized use, FWH, shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

1. Transmit any information or written, graphic or photographic material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
2. Harm, or threaten to harm, minors in any way;
3. Impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Websites;
4. Transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;
5. Intentionally or unintentionally violate any applicable law, regulation or statute and any regulations having the force of law; or
6. “Stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent.

We reserve the right but we are not obligated to do any or all of the following: (a) investigate an allegation that any Comment posted on the Websites do not conform to the Terms and determine in our sole discretion to remove or request the removal of any Comment; (b) remove any Comment which is abusive, illegal, or disruptive, or that otherwise fails to conform with the Terms; (c) terminate a user's access to the Websites; (d) monitor, edit, or disclose any Comment on the Websites; or (e) edit or delete any content posted on the Websites, regardless of whether such content violates these Terms.

It is the Subway® brand’s policy not to consider unsolicited ideas.  While we appreciate you taking the time to consider us, we’re unable to review any new ideas from outside the Subway® system.

If you send us an idea, you expressly waive any and all claims against us and our affiliates in connection with our consideration, use or development of any product, design, concept or other materials similar or identical to any idea that you send us now or in the future.  You grant to the brand’s intellectual property owner, Subway IP Inc., and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any idea without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.  This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the idea, and all rights therein, in the name of Subway IP Inc. or its designees throughout the world in perpetuity, in all media now or hereafter known or created.  In addition, you warrant and agree that any and all “moral rights” pertaining to any copyrighted materials have been waived.  Subway IP Inc. will not be required to treat any idea as confidential.

You acknowledge and agree that we, our affiliates, Subway IP Inc. and its designees may on their own create ideas, products, designs, concepts or other materials or obtain ideas from others that may be similar or identical to your idea.  You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas, products, designs, concepts or other materials accepted, reviewed and/or used by us, our affiliates, Subway IP Inc. or its designees is similar to your idea.

The content published on the Websites may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by us.  All of the content available on the Website 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 the content of the Websites in any way.

You agree that the unauthorized use of the Website’s content could cause irreparable harm to us, and that in the event of an unauthorized use, we shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

Acceptable uses and other restrictions.  With respect to the Websites you may not, and may not allow third parties, to:

1. Use the Websites 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 Websites, 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. Access or attempt to access our systems, programs or data that are not made available for public use;
7. Work around any of the technical limitations of the Websites, use any tool to enable features or functionalities that are otherwise disabled in the Websites, disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
8. Perform or attempt to perform any actions that would interfere with the proper working of the Websites, prevent access to or use of the Websites by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
9. 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;
10. 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;
11. Attempt to disable, damage, overburden, impair or gain unauthorized access to the Websites or our servers;
12. Use the Websites in a manner not permitted under these Terms.

The Websites may contain links to other websites for your convenience and information. We do not control those websites or their privacy practices, which may differ from ours. Our Privacy Statement does not apply to third-party websites. We do not endorse or make any representations about third-party websites. If you choose to give personal information to a third-party website how they use your personal information is not covered by our Privacy Statement. We encourage you to review the privacy practices of any website to which you provide personal information. Some third-parties may collect and share personal information with us, in that situation the sharing is governed by the third-party’s privacy practices and not our Privacy Statement.

We use service providers to provide you with many aspects of the Websites.  The service providers include but may not be limited to Value Pay Services LLC, Paydiant Inc., PLXIS LLC, CashStar, Inc., and Google, (“Service Providers”).  Our Websites are supported by services provided by Google.  You agree to comply with all terms and notices as Google may provide, including without limitation as identified at the following links:

https://maps.google.com/help/terms_maps/
https://www.google.com/policies/privacy/

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ON THE WEBSITES ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITES OR THEIR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF WE ARE AWARE OF THEM.

We do not guarantee or warrant that the Websites, files or software of any kind, or from any source, available for downloading through the Websites will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

Except as may otherwise be described, all materials on the Websites are made available only to provide information about Subway® restaurants. We control and operate the Websites from our offices in the USA.  We make no representation that these materials are appropriate or available for use in other locations. If you use the Websites from other locations you are responsible for compliance with all applicable laws.

YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, US, AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITES) AND OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY IDEA, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold us harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys' fees arising out of, or in connection with your violation of these Terms as well any claims arising from any unauthorized use you may make of the Websites or of our information.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE.  IT INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

Access to and use of the Websites, access to SMS and other services, (“Programs”), and this contract are governed by the laws of the State of Connecticut, USA, without giving effect to any conflicts of law or choice of laws principles thereof.

YOU HEREBY CONSENT THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF ACCESS TO AND USE OF THE WEBSITES, PROGRAMS, AND THIS CONTRACT (OR THE BREACH THEREOF) – WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”) – SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR.  THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ADMINISTRATIVE RULES, AS APPLICABLE, AND ITS CONSUMER ARBITRATION RULES.  ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN THE CLOSEST METROPOLITAN STATISTICAL AREA TO YOUR PLACE OF RESIDENCE, UNLESS WE AND YOU OTHERWISE AGREE.  YOU MAY ALSO ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING.  YOU ACKNOWLEDGE THAT OUR AFFILIATED ENTITIES, INCLUDING BUT NOT LIMITED TO DOCTOR’S ASSOCIATES INC., SUBWAY IP INC., SUBWAY MYWAY, LLC, AND SUBWAY FRANCHISEE ADVERTISING FUND TRUST, LTD., ARE INTENDED BENEFICIARIES OF THIS ARBITRATION CLAUSE AND ALL DISPUTES AGAINST THEM MUST BE RESOLVED BY ARBITRATION.  YOU FURTHER AGREE THAT, WHILE THESE ENTITIES ARE INTENDED BENEFICIARIES TO THIS ARBITRATION CLAUSE, THEY WILL NEITHER BE LIABLE NOR RESPONSIBLE FOR OUR PERFORMANCE UNDER THIS CONTRACT.  THE PAYMENT OF ADMINISTRATIVE AND ARBITRATION FEES AND COSTS WILL BE GOVERNED BY THE AAA CONSUMER ARBITRATION RULES.

NOTWITHSTANDING THE PREVIOUS PARAGRAPH, WE AND YOU MAY (1) MAY BRING SUIT IN A FEDERAL OR STATE COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS IN THE LIMITED CIRCUMSTANCES DETAILED BELOW; AND (2) SEEK INDIVIDUAL RELIEF IN SMALL CLAIMS COURT FOR DISPUTES WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT.

CLASS ACTION WAIVER.  TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS.  BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY.

WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING.

This arbitration clause does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract that you might have with us or our affiliated entities.  All DISPUTES within the scope of those agreements, shall be resolved according to the dispute resolution provisions of those agreements.

The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.

You understand that, in return for your agreement to this Paragraph 12, we are able to offer you the use of the Websites in accordance with the Terms, and that your agreement to this Paragraph 12 is an indispensable consideration to this contract.  You also acknowledge and understand that, with respect to any DISPUTE:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, and
• YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

Paragraph 12 is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16 (“FAA”).  Any dispute or controversy concerning the enforceability or scope of the arbitration clause will be resolved pursuant to the FAA, despite any other choice of law provision.

Notwithstanding the foregoing, nothing in this Section shall prohibit you or us from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Contract until an arbitrator can be empaneled and determine whether such temporary relief should continue or be modified or terminated.

You may not transfer or assign in any way any of your rights or obligations under these Terms. Any such transfer or assignment shall be null and void.

If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

Our failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right.

The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

These Terms and the Privacy Statement located here, constitute the entire understanding between you and us with respect to your use of the Websites.  Online menu orders placed through order.subway.com and the Subway® App are covered by the terms located at http://www.subway.com/en-us/legal/order_apptermsofuse.  If you are placing an order you should review those Terms of Use.

SUBWAY MYWAY® REWARDS PROGRAM – United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and International U.S. Military Locations

IMPORTANT - READ CAREFULLY. These Terms of Use (“Terms”) form a binding contract between you, (“YOU”) and Subway MyWay, LLC (“we” or “us” or “our”).

By clicking “GET STARTED” or “CREATE ACCOUNT” buttons or other button in-app or on the Subway® website you are consenting to these terms and you agree to all of the provisions it contains.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU DO NOT AGREE TO THESE TERMS DO NOT PARTICIPATE IN THE SUBWAY MYWAY® REWARDS PROGRAM.

The SUBWAY MYWAY® REWARDS PROGRAM (“SUBWAY MYWAY® REWARDS”) is operated by us on behalf of participating Subway® restaurants in the United States, District of Columbia, Puerto Rico, Guam, Northern Mariana Islands, and on certain international U.S. military installations, [which includes certain Army & Air Forces Exchange Service ("AAFES") and Navy Exchange Service Command (“NEXCOM”) locations, (“international U.S. military locations”)]; (“Territory”).

We only operate SUBWAY MYWAY® REWARDS. We do not own or operate any Subway® restaurant. Each Subway® restaurant is owned by an independent franchisee and operated as an independent business.

We reserve the right to change, modify and/or eliminate SUBWAY MYWAY® REWARDS, and/or all or any portion of these Terms or any policy, FAQ, or guideline pertaining to SUBWAY MYWAY® REWARDS at any time at our sole discretion. Any changes or modifications will be effective immediately upon posting the changes which may be accessed through the Subway® website and through the Subway® mobile application (“Subway® App”). You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. Your participation in SUBWAY MYWAY® REWARDS confirms your acceptance of these Terms and any changes or modifications to these Terms. You should review these Terms and our policies and FAQs frequently to understand the terms that apply to SUBWAY MYWAY® REWARDS.

SUBWAY MYWAY® REWARDS is intended for individual use only. Commercial use is prohibited. To participate you must be a legal resident of the United States or its territories. This program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority, you may only participate in SUBWAY MYWAY® REWARDS under the supervision of your parent or legal guardian who agrees to be bound by these Terms. You may be required to provide proof of your parent’s or legal guardian’s agreement to these Terms at any time. Membership in SUBWAY MYWAY® REWARDS is complimentary.

Your SUBWAY MYWAY® REWARDS account is personal to you, and you may only have one SUBWAY MYWAY® REWARDS account. Your SUBWAY MYWAY® REWARDS may not be sold, transferred, assigned to, or shared with, family, friends or others.

If we discover that you have more than one account, we may terminate any and all of your accounts, and you shall immediately forfeit all Tokens and Rewards. You are responsible for ensuring that no unauthorized person has access to your account or your physical Subway® card (“Card”). You are responsible for all activity on your SUBWAY MYWAY® REWARDS account.

The Subway® Card and eGift Card Programs are administered separately by Value Pay Services LLC. Use of a Card as a cash or gift card is subject to separate terms and conditions which may be viewed at Subway Card® Terms.

Some Subway® restaurants in the Territory may not participate in SUBWAY MYWAY® REWARDS. Ask the Sandwich Artist® to confirm if you can earn Tokens or redeem Rewards at the restaurant prior to placing your order or call ahead and find out. Some features of the SUBWAY MYWAY® REWARDS program, such as the ability to scan your digital card, may not be available in Puerto Rico, Guam, Northern Mariana Islands, or on international U.S. military installations.

The SUBWAY MYWAY® REWARDS Program is one way in which Subway® rewards and thanks loyal customers for purchasing products and services from Subway® restaurants. Members of SUBWAY MYWAY® REWARDS are eligible to receive “Rewards” based upon the number of “Tokens” that the member earns and account activity.

To begin earning Tokens and Rewards when ordering any of our sandwiches or other products, you can enroll at the Subway® website or through the Subway® App. You will not be able to enroll through any other means and you will need to agree to these Terms of Use to participate.

As a condition of membership, you will be asked to provide a valid email when you enroll, which we or our designees, Subway Franchise Advertising Fund Trust (“SFAFT”) and Franchise World Headquarters, LLC (“FWH”), will use to contact you about your account, Token balance, available Rewards and otherwise as permitted by law. We may also send you such account information via the Subway® App if you choose to receive push notifications.

Privacy. 

Your privacy is important to us. We provide a Privacy Statement that explains our information practices and the choices you can make concerning the use and disclosure of your personal information. Click here to view our Privacy Statement which forms a part of these Terms. Additionally, if you are participating in SUBWAY MYWAY® REWARDS Program in an international U.S. military location you expressly consent and agree to the use of and transfer of your personal information to the U.S. as stated in our Privacy Policy.

Communications. 

We, FWH or SFAFT will send you messages and the rewards related to your account to the e-mail address that you provide in your account or through the push notifications in the Subway® App. You may also receive a notification during the checkout process in a Subway® restaurant.

You may also sign up to receive promotional messages sent to you by email, SMS, or other computer electronic messaging such as Facebook Messenger either on the Subway® website or in the Subway® App. You may unsubscribe from promotional commercial messages at any time by changing your preferences in your account or opting out via the unsubscribe link at the bottom of your email, or by following the opt-out instructions to the SMS message or other computer electronic message as specified in the message. Even if you opt out of receiving promotional messages, you understand and agree that we may continue to send you messages concerning your account.

Linking your Card: Digital and Plastic

Once you have successfully enrolled in SUBWAY MYWAY® REWARDS you will be assigned a digital loyalty account (“Member ID”) accessible via both the Subway® App and the Subway® website upon login. You may choose to link your Member ID to your Card that you can obtain from any participating Subway® restaurant. Once your Member ID is linked to your Card, the Card can then be used as identification when earning and redeeming Tokens and Rewards at participating Subway® restaurants. If you pick up and use an unregistered Card in restaurant, you have the ability to earn Tokens on the associated transaction provided you register the Card online or in the Subway® App or link the Card to an existing SUBWAY MYWAY® REWARDS account within 48 hours.

Earning Tokens and Rewards

To earn Tokens, you must identify yourself as a SUBWAY MYWAY® REWARDS member by either providing the phone number used when registering for the SUBWAY MYWAY® REWARDS, scanning your digital card in the Subway® App, or swiping your Card before completing a purchase.

As a SUBWAY MYWAY® REWARDS member, you can earn Tokens on all eligible items that you purchase at participating SUBWAY® restaurants, either in restaurant, through ordering on the Subway® website, (“Online Ordering”), or through the Subway® App.

For every one dollar ($1) you spend at a participating Subway® restaurant in the Territory on eligible products, you will be awarded four (4) Tokens. Generally Tokens are automatically added to your account within twenty-four (24) hours. Tokens are awarded based on your total purchase (less the exclusions listed below) and are rounded up to the nearest quarter dollar, prior to sales and discounts.

Some exclusions apply. You cannot earn Tokens on purchases of alcoholic beverages or on gift cards (including gift card purchases, activations, reloads, transfers, or any other card-to-card transaction). Taxes, tips, donations, fees, (including delivery fees), bottle and can deposits, and bag fees (or bag taxes) are also excluded and ineligible for Token awards. Orders place through 3rd party online ordering services and Catering Orders placed online and through the Catering Call Center are not eligible for Token awards. We may choose to place limits on the number of Tokens you can earn on a daily and/or monthly basis.

Bonus Tokens may be awarded based on your performance of certain designated activity. Bonus Tokens will be awarded as described in a promotional offer and may be subject to additional terms that are stated in the offer.

Once your balance reaches two hundred (200) Tokens, these Tokens will automatically be converted into a $2 Reward which is a discount coupon that can be used for two dollars ($2.00) off of your future purchase at a participating Subway® restaurant in the Territory or in Canada. The $2 Reward is unique and associated solely with your Member ID for your use only. If your account is established in the Territory, your $2 Reward will be redeemable in local currency. So, if it is redeemed in the Territory, it will have a redemption value of $2 USD; if it is redeemed in Canada, it will have a redemption value of $2 Canadian.

IMPORTANT NOTE: The $2 Reward is not a gift certificate.  All Tokens, the $2 Reward and all other Rewards are promotional, have no cash value, and may not be exchanged for cash or converted to a gift card balance.  Tokens have no value and may not be exchanged for cash or otherwise except they are redeemed for Rewards in accordance with these Terms. If you do not redeem the entire value of your Reward in one transaction, the remaining amount will be forfeited. All Tokens and Rewards will expire on termination of your participation in SUBWAY MYWAY® REWARDS (whether terminated by you or by us) or termination of the SUBWAY MYWAY® REWARDS altogether, subject only to notice to you that is required by law, if any.

How to Redeem Rewards

To redeem a Reward in restaurant, you must identify yourself as a SUBWAY MYWAY® REWARDS member by scanning your digital card in the Subway® App or swiping a Card before completing your purchase.

You can choose whether you want to apply the Reward (if available) to your current purchase or not. Even if you choose not to redeem a Reward, identify yourself as a SUBWAY MYWAY® REWARDS member so you can earn more Tokens and so that the Sandwich Artist® can check to see if there are any other offers you might be eligible for (subject to availability) instead of, or in addition to your Reward.

To redeem your Reward using Online Ordering, you will be able to apply your Reward prior to submitting your order. You may apply up to 25 available $2 Rewards to cover your subtotal balance (after discount is applied but before sales tax). Rewards may not be used for Catering Orders placed through the Catering Call Center.

If a Reward has been redeemed, it will no longer be valid for future purchases.

Once you are notified that you have received a Reward, you are eligible to use your Reward for any future qualifying purchase prior to its expiration at a participating Subway® restaurant in the Territory.

In addition to earning Tokens, you may also be eligible to receive other Rewards on occasion. These are not Token-based offers and may have additional terms and conditions to redeem the offer which will be stated in the Reward.

A notification sent to your email, or noted within your member account in the Subway® App or on the Subway® website will notify you when you have been awarded a Reward that is to ready to be used on a future purchase.

Void Earn

Any Tokens or Reward you were awarded from a transaction that is later voided for any reason, shall be deducted from your SUBWAY MYWAY® REWARDS account balance.

Earning Suspended

Without notice to you, all earning and redemption activities shall be suspended on SUBWAY MYWAY® REWARDS accounts that have been “frozen” due to actual or suspected fraudulent activity.

Missing Tokens

If you forget to tell the Sandwich Artist® that you are a SUBWAY MYWAY® REWARDS member prior to checkout, don’t panic!  You can utilize our missing Tokens process.

Here’s how: you will be able submit a “Missing Tokens” request form via the Subway® website for a purchase that has occurred within thirty (30) days. While filling out this form, you will be prompted to provide details from your purchase receipt.

After you have submitted this form, check your account on the Subway® website or via the Subway® App 48 hours after you submitted the form to learn if your request has been granted. You will also receive an email to your registered email address that will notify you if your request has been granted or denied. We reserve the right to limit the amount of missing Token requests that may be submitted.

Expiration of Tokens, $2 Reward, Other Rewards, and Termination of Account.

Your $2 Reward earned through SUBWAY MYWAY® REWARD account transactions expires ninety (90) days after we issue it to you.

Other Rewards, including promotional $2 Rewards, may be subject to additional terms and conditions, including a shorter expiration date, which will be stated on the Reward.

If you don’t redeem your Reward by the pre-identified expiration date, the Reward will expire; it will no longer be valid and it will be deducted from your account.

Any Tokens you may have earned that are below the two hundred (200) count threshold and have not been converted into a Reward will expire after twelve (12) months of inactivity, depending on your last “activity” date (“activity” is defined as any positive change to your member account balance, the earning of any Token, or any Reward redemption).  If your account shows any activity within that period of twelve (12) months, the expiration date of all your Tokens will be reset.

Without notice to you, we reserve the right to terminate or suspend your account in the event that your account is inactive for more than twelve (12) months.

Combining Reward Offers

Multiple rewards offers for the same line item cannot be combined.

Combining $2 Reward with Other Reward Offers

$2 Reward may be combined with other eligible offers.

Additional Terms

Resolution of Disputes / Limitations on Liability and Damages.

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

Arbitration Rights / Class Action and Jury Trial Waiver

YOU HEREBY CONSENT THAT ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF THE SUBWAY MYWAY® REWARDS PROGRAM, YOUR SUBWAY® ACCOUNT, AND THESE TERMS (OR THE BREACH THEREOF) – WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (“DISPUTES”) – SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ADMINISTRATIVE RULES, AS APPLICABLE, AND ITS CONSUMER ARBITRATION RULES. ALL ARBITRATION HEARINGS OR SIMILAR PROCEEDINGS SHALL BE HELD IN THE CLOSEST METROPOLITAN STATISTICAL AREA TO YOUR PLACE OF RESIDENCE, UNLESS WE AND YOU OTHERWISE AGREE. YOU MAY ALSO ELECT TELEPHONIC PROCEEDINGS OR WAIVE ANY HEARING. YOU ACKNOWLEDGE THAT AFFILIATED ENTITIES, INCLUDING BUT NOT LIMITED TO FRANCHISE WORLD HEADQUARTERS LLC, SUBWAY IP INC., DOCTORS ASSOCIATES INC., SUBWAY FRANCHISE SYSTEMS OF CANADA, LTD., SUBWAY MYWAY OF CANADA, ULC, SUBWAY FRANCHISEE ADVERTISING FUND TRUST, LTD., SUBWAY FRANCHISEE CANADIAN ADVERTISING TRUST, ARE INTENDED BENEFICIARIES OF THIS ARBITRATION CLAUSE AND ALL DISPUTES AGAINST THEM MUST BE RESOLVED BY ARBITRATION. YOU FURTHER AGREE THAT, WHILE THESE ENTITIES ARE INTENDED BENEFICIARIES TO THIS ARBITRATION CLAUSE, THEY WILL NEITHER BE LIABLE NOR RESPONSIBLE FOR OUR PERFORMANCE UNDER THIS AGREEMENT. THE PAYMENT OF ADMINISTRATIVE AND ARBITRATION FEES AND COSTS WILL BE GOVERNED BY THE AAA CONSUMER ARBITRATION RULES.

Notwithstanding the previous paragraph, we and you may (1) may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights in the limited circumstances detailed below; and (2) seek individual relief in small claims court for disputes within the jurisdiction of the small claims court.

Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY.

WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING.

The AAA Consumer Arbitration Rules are available for review at: AAA Rules (click Rules, then click Consumer Arbitration Rules).

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction. You understand that, in return for your agreement to these Additional Terms, we are able to offer you access to and use of the SUBWAY MYWAY® REWARDS PROGRAM at the terms designated, and that your assent to this Section is an indispensable consideration to this contract. You also acknowledge and understand that, with respect to any DISPUTE: 

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, and
• YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY SUCH DISPUTE.

This Section is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C.1-16 (“FAA”). Any dispute or controversy concerning the enforceability or scope of the arbitration clause will be resolved pursuant to the FAA, despite any other choice of law provision.

Notwithstanding the foregoing, nothing in this Section shall prohibit you or us from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this contract until an arbitrator can be empaneled and determine whether such temporary relief should continue or be modified or terminated.

This arbitration clause does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, supplier agreement, vendor agreement, or any other contract that you might have with us, our parent, or affiliated entities. All DISPUTES within the scope of those agreements, shall be resolved according to the dispute resolution provisions of those agreements.

This arbitration clause does not apply to claims relating to goods or services purchased at Subway® restaurants. Any such claims must be directed to the individual Subway® franchisee who owns and operates the restaurant where the purchase was made.

Limitations of Liability and Damages

We make no warranties, express or implied, with respect to SUBWAY MYWAY® REWARDS including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

By participating in SUBWAY MYWAY® REWARDS, you agree that we have no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused directly or indirectly arising out of or related to SUBWAY MYWAY® REWARDS or these Terms, including without limitation: (i) any failure, delay or decision by us in administering the SUBWAY MYWAY® REWARDS or these Terms, including amendments thereto; (ii) unauthorized use by any third party of your account or Member ID; or (iii) the loss, theft, or delayed notification of any Tokens or Rewards issued under SUBWAY MYWAY® REWARDS or these Terms.

We and you agree that, on any claim arising out of or relating to your participation in SUBWAY MYWAY® REWARDS or these Terms, to the fullest extent permitted by law recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages, and we and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability we may have to you for any negligence, breach of contract or otherwise, is limited to crediting your account with the Tokens or Rewards so determined to be earned by you.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

NOTE: In some jurisdictions the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law. If you are a resident of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these terms, such limitations and/or exclusions shall not apply to you.

Extension to Related Entities / Persons and Survival

These limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your participation in SUBWAY MYWAY® REWARDS, these Terms, against any entity or person affiliated with the SUBWAY® brand, including but not limited to us, Franchise World Headquarters LLC, Subway IP Inc., Doctors Associates Inc., Subway Franchise Systems of Canada, Ltd., Subway MyWay of Canada, ULC, Subway Franchisee Advertising Fund Trust, Ltd., Subway Franchisee Canadian Advertising Trust, and any SUBWAY® franchisee in the U.S., Puerto Rico, Guam, Northern Mariana Islands, Canada or on any international U.S. military installation; and any of their respective directors, officers, employees, or other representatives. The foregoing arbitration provision, limitations, and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

Governing Law for Participants

We and you agree that your participation in SUBWAY MYWAY® REWARDS and these Terms of Use, evidence transactions affecting interstate commerce, which render these Terms of Use subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

To the extent permitted by law, these Terms shall otherwise be governed by and construed in accordance with the substantive laws of the State of Virginia without reference to any rules regarding conflicts of law.

General

You have no ownership interest in Tokens or any Rewards. Use of the word "earn" in marketing materials in relation to SUBWAY MYWAY® REWARDS shall mean "collect" and shall not infer that the Tokens or any Rewards have any value until they are redeemed. Tokens may not be purchased or sold and are not transferable except as otherwise stated herein. Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending Rewards or Token balance in your account.

In the event of any inconsistency or discrepancy between the Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern and control. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: all provisions starting from Additional Terms.

To cancel your membership at any time, please call customer care at 877-697-8222. Your membership in SUBWAY MYWAY® REWARDS will be terminated within thirty (30) days and, subject only to any notice that may be required by law, all Tokens and all Rewards will expire and become void upon the date of termination