Terms and Conditions

TERMS AND CONDITIONS

Last Updated: July 26, 2024

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

These terms and conditions of use including all notices contained or referenced in the Sites (collectively, these “Terms and Conditions”) are entered into by and between you and White Castle Management Co. (“White Castle”), and govern your access to and use of the websites whitecastle.com and online.whitecastle.com and our mobile applications, including any content, functionality and services offered on or through such websites and our mobile applications, in each case whether as a guest or a registered user (the websites, mobile applications and any content, functionality and services are referred to herein collectively as, the “Sites”). By using the Sites or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, including without limitation when downloading or otherwise using an application, you accept and agree to be bound and abide by these Terms of Use and acknowledge our Privacy Policy, found at https://www.whitecastle.com/about-us/legal-stuff/privacy-policy, incorporated herein by reference. Please read the terms carefully before using the Sites. If you do not agree to these Terms and Conditions, you may not use the Sites.

White Castle reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Sites, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites, following the posting of any changes to the Terms and Conditions, constitutes acceptance of those changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

The Sites are offered and available to users who are 16 years of age or older and both legally reside in and are physically located in the United States or any of its territories or possessions, at the time of such use. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with White Castle and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Sites:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate White Castle, a White Castle employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm White Castle or users of the Sites or expose them to liability.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.

Additionally, you agree not to:

Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Sites.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Sites.

COPYRIGHT

The Sites, including without limitation the entire contents of the Sites, are owned by White Castle, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. For the avoidance of doubt, the content of the Sites shall include but is not limited to all features and functionality of the Sites, including all text, software, graphics, images, video, audio and designs included in the Sites.

These Terms and Conditions permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide social media features with certain content, you may take only such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Sites.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. You may not copy, distribute or create derivative works from any part of the Sites without the prior written consent of White Castle, except to the extent expressly permitted by these Terms and Conditions. Except as may be expressly set forth in these Terms and Conditions, no license is granted to you, and no rights are conveyed by virtue of accessing or using the Sites. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

TRADEMARKS

WHITE CASTLE® is a registered trademark of White Castle. Other names, logos, designs, titles, words or phrases within the Sites, including but not limited to THE ORIGINAL SLIDER®, CRAVER NATION®, and WHAT YOU CRAVE®, are trademarks, service marks or tradenames of White Castle, and they may not be used without the prior written permission of White Castle.

White Castle claims no interest in marks owned by other entities not affiliated with White Castle, which may appear on the Sites. Except as may be expressly set forth, no license is granted to you and no rights are conveyed by virtue of accessing or using the Sites. All rights not granted herein are reserved by White Castle.

USER CONTENT

Certain pages or functionality on the Sites or elsewhere may allow you to post content (“User Contributions”) to the Sites or to use the Sites to send your User Contributions to others. If you choose to post or send text, photograph or video content to the Sites directly or through a third party service (such as Flickr®, or YouTube®), you represent and warrant that all such User Contributions comply with the Content Standards set out in these Terms and Conditions, are your original work and free from material which is infringing of another’s intellectual property rights. Further, you agree, represent and warrant that all User Contributions are free from any offensive, illegal or dangerous material. If you use a third-party service in the posting of content, you necessarily agree to all terms and conditions of the third-party service.

By posting User Contributions, you grant White Castle a license to such User Contributions. The license: (i) extends to White Castle and our affiliates and to our and their respective licensees successors and assigns, and (ii) is a perpetual, worldwide, royalty-free license to use, alter, reproduce and publicly or privately display, broadcast, perform or distribute and otherwise disclose to third parties the User Contributions, in whole or in part, in any commercial or noncommercial manner and in any media now known or hereafter developed. You further grant White Castle the absolute right and permission to use your name, image and likeness as it may be displayed or otherwise included in association with the User Contributions, and hereby waive all rights to inspect or approve of any specific use of the User Contributions, waive all related rights of publicity, moral rights and claims based upon those rights, and release, discharge and agree to hold harmless, defend, and indemnify White Castle and its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) or other claims of intellectual property infringement or right of privacy or persona violation or infringement, arising out of or related to your violation of these Terms and Conditions, your User Contributions, any use of the Sites or content of the Sites, services or products other than as expressly authorized in these Terms and Conditions. You further warrant and represent that the User Contributions do not infringe the intellectual property rights of any third party and do not contain the name, image or likeness of any individuals without their knowledge, and consent to such use as contemplated herein, and that you have the right to grant the license granted above to us and our affiliates. You also hereby waive any claims of trademark infringement or false endorsement for use of your name, image or likeness in connection with use of the User Contributions or any image or work derived therefrom.

BY POSTING TEXT, PHOTOGRAPH OR VIDEO CONTENT TO THE SITES, EITHER DIRECTLY OR THROUGH A THIRD-PARTY SERVICE, WITHOUT LIMITATION, YOU AGREE AND HEREBY INDEMNIFY WHITE CASTLE FROM ANY AND ALL DAMAGES WHICH MAY ARISE DUE TO YOUR FAILURE TO FULFILL AND COMPLY WITH THE WARRANTIES AND REPRESENTATIONS SET FORTH HEREIN, FROM WHITE CASTLE’S USE, ALTERATION, REPRODUCTION, SALE OR DISTRIBUTION OF THE USER CONTRIBUTIONS IN ANY COMMERCIAL OR NONCOMMERCIAL MANNER.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for White Castle.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS WHITE CASTLE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WHITE CASTLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WHITE CASTLE OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on or through the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of the Sites. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the contents thereof.

The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by White Castle, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of White Castle. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512, we will respond promptly to claims of copyright infringement that are reported to us in accordance with our Copyright Policy, found at https://www.whitecastle.com/about-us/legal-stuff/copyright-policy.

CONTESTS, PROMOTIONS AND SPECIAL EVENTS

From time to time, White Castle may hold contests, promotions or special events for which separate terms and conditions are applicable. Such contests, promotions or special events may or may not be linked to or run through the Sites. Regardless of the context in which such a contest, promotion or special event is promoted, administered or held, please review the terms and conditions and privacy statements particular to all such contests, promotions or special events, as they may differ in meaningful ways from the Terms and Conditions set forth herein.

CRAVER NATION® Rewards + White Castle Email List + Sweepstakes/Contests
Participation in contests, promotions or special events subject to these Terms and Conditions may require potential entrants to register as a member of the White Castle CRAVER NATION® Rewards program ( “CRAVER NATION® Rewards”) or the White Castle Email List, and otherwise provide additional information. All persons shall, upon registering to become participants in CRAVER NATION® Rewards or the White Castle Email List, be required to submit certain information, including but not limited to the following: (i) email address; (ii) name; and (iii) zip code. The material terms of CRAVER NATION® Rewards are available in the Rewards Terms and Conditions available at this link and are incorporated herein by reference.

CRAVER NATION® Rewards participants and White Castle Email List members may opt in to receive (i) emails regarding promotions, contests, sweepstakes and contest voting/entry sharing information specific to CRAVER NATION® Rewards or the White Castle Email List, or (ii) White Castle emails regarding promotions, contests, sweepstakes and contest voting/entry sharing information. Any CRAVER NATION® Rewards participant or White Castle Email List member may unsubscribe from any email list described above at any time by selecting the unsubscribe option in an email received as a result of being included in such a list, or opt-out of CRAVER NATION® Rewards as provided in the Rewards Terms and Conditions.

We may, at various times, use the Sites to collect information for contests, promotions or sweepstakes. When you enter information for any such contests, promotions or sweepstakes, you will be subject to the official rules of that particular promotion. The information you enter for contests, promotions or sweepstakes is voluntarily submitted by you. You may also receive informative email messages as a result of your entrance unless you have chosen to opt out of receiving such messages, either at the time of sign up or in accordance with the opt-out instructions included with the informative message(s) delivered to your email inbox. Winners may be required to return a completed prize acceptance form contained in the notification email by facsimile or U.S. mail and/or to execute (without limitation) tax acknowledgement forms, affidavits of eligibility, liability releases and publicity releases (except where prohibited by law) within a designated time period. Please see the Official Rules located on the respective submission page of the Sites for complete details.

NO CONFIDENTIALITY

Should you post or respond with information, feedback, data, questions, comments, suggestions, artistic or graphical content, or the like regarding the content of the Sites, the content of any such response shall be deemed not to be your confidential information nor the confidential information of any third party, and White Castle shall be free to reproduce, use, disclose and distribute the response to others without limitation or compensation, including for use in developing, manufacturing and marketing products and services incorporating any of the ideas, concepts or techniques referred to in the response, communication or submission, provided that White Castle will always comply with its Privacy Policy posted on the Sites.

LINKING; NO ENDORSEMENT

Hyperlinks to the Sites are permitted only if presented in a manner which does not falsely suggest a relationship, affiliation, sponsorship or endorsement from White Castle, and which does not serve to diminish White Castle’s reputation, the value of its trademarks and service marks, or otherwise harm White Castle in any way.

The Sites may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Sites.
Send e-mails or other communications with certain content, or links to certain content, available on or through the Sites.
Cause limited portions of content of the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Sites or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials of the Sites that is inconsistent with any other provision of these Terms and Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only, and are not an endorsement, sponsorship or recommendation of the third parties or the third parties’ ideas, products or services. Similarly, any references in the Sites to third parties and their products or services do not constitute an endorsement, sponsorship or recommendation. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

ACCESSING THE SITES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Sites and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entirety of the Sites, to users, including registered users. You are responsible for:

Making all arrangements necessary for you to have access to the Sites.
Ensuring that all persons who access the Sites through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Sites or some of the resources offered therein, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on or through the Sites is correct, current and complete. You agree that all information you provide to register with a Site or otherwise on or through the Sites, including but not limited to your participation in the Craver Nation Loyalty Program or the White Castle Email List or through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you acknowledge all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions thereof using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, or suspend or terminate a user account (including Craver Nation Loyalty Program or White Castle Email List membership) or access to the Sites and functionality of the Sites, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

GEOGRAPHIC RESTRICTIONS

The owner of the Sites is based in the state of Ohio in the United States. We provide the Sites for use only by residents of the United States who are physically located in the United States. We make no claims that the Sites or any content of the Sites is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. You may not access or otherwise use the Sites from outside the United States. You are responsible for compliance with all applicable laws. We make no representations, warranties, or claims regarding the compliance with European Union or any foreign country privacy or data security laws or requirements. We do not desire to process personal data of data subjects outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of data subjects outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States. For the purpose of this paragraph, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, personal data shall mean any information relating to an identified or identifiable natural person.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR MADE AVAILABLE THROUGH THE SITES, OR ON ANY SITE LINKED TO THE SITES. YOUR USE OF THE SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHITE CASTLE NOR ANY PERSON ASSOCIATED WITH WHITE CASTLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER WHITE CASTLE NOR ANYONE ASSOCIATED WITH WHITE CASTLE REPRESENTS OR WARRANTS THAT THE SITES, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER(S) THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WHITE CASTLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WHITE CASTLE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FORGOING, IN NO EVENT SHALL WHITE CASTLE’S AGGREGATE LIABILITY HEREUNDER OR OTHERWISE ARISING OUT OF OR RELATED TO THE SITES EXCEED $100.

JURISDICTION AND VENUE

All matters relating to the Sites or these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in any other relevant country or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At White Castle’s sole discretion, we may require you to submit any disputes arising from these Terms and Conditions or the Sites or the use thereof, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by White Castle of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of White Castle to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and White Castle with respect to your use of the Sites and supersede all prior or contemporaneous communications, understandings, agreements, representations, warranties, whether oral, written or electronic, between you and White Castle with respect to the Sites.