TERMS OF USE

TERMS OF USE
THIS WEBSITE USER AGREEMENT (THIS “AGREEMENT”) APPLIES TO ALL INDIVIDUALS WHO USE OR BROWSE (COLLECTIVELY “USERS” OR “YOU”) ON WWW.POPEYES.COM OR ANY OTHER SITE OWNED BY AFC ENTERPRISES, INC., DBA POPEYES CHICKEN & BISCUITS® RESTAURANTS (“POPEYES”) OR OPERATED ON ITS BEHALF (COLLECTIVELY THE “WEBSITES”). THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE. BY ACCESSING THE WEBSITES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY POPEYES AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

ACCESS TO THE WEBSITES
To access the Websites or some of the resources it has to offer, you may be asked to provide certain registration details. It is a condition of your use of the Websites that all the details you provide will be correct, current, and complete. If POPEYES believes the details are not correct, current, or complete, POPEYES has the right to refuse you access to the Websites or any of its Websites or its resources, and to terminate or suspend your access at any time.

RESTRICTIONS ON USE – LAWS AND REGULATIONS
You have a nonexclusive, nontransferable, limited, revocable right to use the Websites solely to obtain information about POPEYES. You will not use the Websites for any other purpose, including any commercial purpose, without POPEYES' express prior written consent. For example, you will not (and will not authorize any other party to) (i) co-brand the Websites or any portion thereof, (ii) frame the Websites or any portion thereof, or (iii) link to the Websites or any portion thereof, without the express prior written permission of the Chief Information Officer of POPEYES. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the Websites. You agree to cooperate with POPEYES in causing any unauthorized co-branding, framing or linking immediately to cease. You agree not to use the Websites for any other purpose that is unlawful or prohibited by this Agreement. You may not use the Websites in any manner that: (i) is profane, defamatory, obscene, violent, sexual, discriminatory, or otherwise unprofessional, (ii) interferes with the servers or networks connected to the Websites, or (iii) violates any of the terms, conditions, procedures, policies or regulations connected to the Websites.

PROPRIETARY INFORMATION
The material and content accessible at the Websites and any other World Wide Web site owned, operated, licensed or controlled by POPEYES or any of its related, affiliated or subsidiary companies, including without limitation, all trademarks, service marks and logos used by Popeyes or the party that provided the trademarks, service marks and logos (the "Content") is the proprietary information of POPEYES or the party that provided the Content to POPEYES, and POPEYES or the party that provided the Content to POPEYES retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of POPEYES, except that you may print out a copy of the Content solely for your personal use, and members of the media may use Content provided in the Websites’ Media Center solely for editorial purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates POPEYES' intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Websites.

HYPER-LINKS
This Website may be linked to other websites which are not maintained by, or related to, POPEYES. Hyper-text links to such websites are provided as a service to users and are not sponsored by or affiliated with this Website or POPEYES. POPEYES has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyper-links are to be accessed at the user's own risk, and POPEYES makes no representations or warranties about the content, completeness or accuracy of these links or the websites hyper-linked to this Website. Further, the inclusion of any link to a third-party websites does not necessarily imply endorsement by POPEYES of those websites.

SUBMISSIONS
You hereby grant to POPEYES the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information communicated to POPEYES through the Websites or electronic mail (together, the "Submission"), and to incorporate any Submission in other works in any form, media or technology now known or later developed. POPEYES will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising), and will not incur any liability as a result of any similarities that may appear in future POPEYES operations. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trademarks or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the right from their rightful owner to post the material and to grant POPEYES all of the license rights granted herein; (ii) submit material that is unlawful, obscene, libelous, defamatory, hateful, harassing, racially or ethnically offensive, pornographic, or encourages conduct that would be considered a liability, criminal offense, violate any law, or is otherwise inappropriate; (iii) publish falsehoods or misrepresentations that could damage POPEYES or any third party; (iv) impersonate another person or (v) post advertisements or solicitations of business. POPEYES does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. POPEYES does not permit copyright infringing activities and infringement of intellectual property rights on its Websites and will block and remove all Content and user Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property. POPEYES reserves the right to remove Content and User Submissions without prior notice.
POPEYES reserves the right to monitor use of the Websites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither POPEYES nor any third party that provides Content to POPEYES will assume or have any liability for any action or inaction by POPEYES or such third party with respect to any posting.

DISCLAIMER
You understand that POPEYES cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of any lost data. POPEYES does not assume any responsibility or risk for your use of the Internet.

The Websites and the information contained within them are provided on an as-is basis and with no warranties or representations as to the accuracy of the information. The Content is not necessarily complete, may contain technical inaccuracies or typographical errors, may not be up-to-date and should not be used to replace POPEYES' written reports, statements and notices. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics or facts that may be relevant to your goals.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and POPEYES does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete. For additional information relating to forward-looking statements included in this site, please read the Forward-Looking Statement http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=afce&script=1850.
Information included in this site does not constitute an offer to sell, or the solicitation of an offer to buy, any securities of POPEYES and this information should not be relied upon in connection with any offering of securities by POPEYES.

LIMITATION ON LIABILITY
POPEYES, its licensors, service providers, content providers, employees, agents, officers and directors, will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if POPEYES has been advised of the possibility of such damages. In no event will the collective liability of POPEYES and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to POPEYES for the applicable content or service out of which liability arose.

INDEMNITY
By using the Websites, each User accepts all responsibility for and hereby indemnifies POPEYES, its officers, directors, employees, shareholders, content providers, service providers and contractors and agrees to hold them harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that POPEYES its officers, directors, employees, shareholders, content providers, service providers and contractors will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of such parties in connection therewith. You will also indemnify and hold the aforementioned parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites.

SECURITY
Any passwords used for the Websites are for individual use only. You shall be responsible for the security of your password (if any). POPEYES shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that POPEYES considers insecure, POPEYES will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, POPEYES reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. POPEYES reserves the right to investigate suspected violations of these Terms of Use.

POPEYES reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing POPEYES to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you, your heirs and assigns, waive and hold harmless POPEYES from any claims resulting from any action taken by POPEYES during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either POPEYES or law enforcement authorities.

ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and POPEYES arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and federal courts in Atlanta, Georgia. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. POPEYES can revise these Terms of Use at any time by updating this posting.