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Privacy Policy

Last Updated: September 5th, 2019

Dine Brands, Inc. is committed to safeguarding your privacy. We take your privacy seriously. This Privacy Policy (“Policy”) describes how Dine Brands Global and its affiliates, including International House of Pancakes, LLC (“IHOP”) and Applebee’s International, Inc. (“Applebee’s”) (collectively “Dine Brands,” “us,” “our,” and “we”) collect, use and disclose personal information of customers who use our services and websites, including, without limitation, dinebrands.com, ihop.com, applebees.com, our mobile websites, mobile applications, social networking or other interactive media sites, other online or mobile services, and any other platforms that link to this Policy (each, a “Site,” and collectively, the “Sites”), or provide us with information on site at one of our franchisee restaurants. This Policy does not apply to third party websites and services.

By using the Site, you agree to the terms of this Policy. If you do not agree with the terms of this Policy, do not use the Site. Your access of the Site for the limited and exclusive purpose of reviewing this Policy does not constitute your acceptance of this Policy unless you make any further access or use of our Site.

Dine Brands has operations in many international locations and partners with companies around the world. Dine Brands offers many country specific websites; this site is intended for U.S. audiences only. If you are visiting this Site from outside of the U.S., communications with our Sites will necessarily result in the transfer of information across international boundaries. If you are located in the European Economic Area (“EEA”), your data may be transferred from the EEA to countries, including the U.S., which do not have data protection laws comparable to those in the EEA. By visiting this Site and communicating electronically with us, you consent to your data being transferred to and processed by Dine Brands and its partners and service providers in the U.S. and other counties outside of the EEA as set out in this Privacy Policy and subject to the laws of the U.S. Please do not use our Sites if it is illegal to do so in your country.

We may update this Policy from time to time, so please check this page periodically for updates. When we update the Policy, we will post the new Policy on this page and change the date at the top of the Policy. We will notify you of any material changes to the Policy.

WHAT INFORMATION DOES DINE BRANDS COLLECT?

Dine Brands or a third party service provider may collect the following types of personal information:

  • If you use the Sites or otherwise do business with us or one of our franchisee restaurants, you may provide us with your first name, last name, postal address and/or zip code, email address, phone number, date of birth, gender, military or veteran status, and favored franchisee restaurant locations.
  • If you choose to access our social network pages, or connect or otherwise link to our Sites with your own social network page, we may collect social network profile information that you have made publicly available through your social network account settings.We also take steps to listen to our customers and public feedback on social media, and may collect and analyze publicly available social media posts.
  • When you pay your bill at one of our franchisee restaurants, or if you make purchases through the Sites, you may provide us with your financial account information, such as credit card number and other payment and transaction information.
  • If you use our mobile application, information such as your user ID, your location and restaurants near you may be collected.
  • If you take a survey, apply for a job, contact us, or interact with us in various other ways, demographic information, dining preferences, and other information you choose to provide, such as resume information, may be collected.

We may automatically collect Site usage information when you visit the Sites, such as your domain name, Internet protocol (IP) address, mobile device model, Internet service provider, Site access times, websites that referred you to us, and web pages within our Sites that you visit.

When you visit our Sites, we may also automatically infer general location information (e.g., city, state) based on your IP address, or when using our mobile app, through GPS information (if you elect to give our app permission to access your location).

Our Sites use web beacons, cookies and other similar technologies to store and understand more information about you, such as, including without limitation, Site usage, and to monitor Site traffic and usage patterns to improve Site functionality. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. A web beacon is an object that is embedded in a web page or email that allows us to understand whether the web page or email has been viewed.

Dine Brands or third party service providers may also collect or create aggregated or anonymous data that does not directly identify you from usage activity on our Sites, or supplement its data with aggregate data compiled from third party sources. If you opt-in to one of our rewards programs or other marketing campaigns, we may also collect information about you to supplement your program profile.

Dine Brands is not responsible for any personal information or other data that franchisees of Dine Brands or its affiliates choose to collect. However, Dine Brands may receive information from franchisees or other third parties, including information connected to rewards programs or your visits to our franchisee restaurants.

HOW DOES DINE BRANDS USE PERSONAL INFORMATION?

Dine Brands may use information collected to:

  • Operate, maintain and improve the Sites and our business.
  • Conduct analytics to help us better understand our customers and improve our services, offerings and personalized experiences at our Sites as well as franchisee locations.
  • Process and manage purchases made at Dine Brands franchisee restaurants and on the Sites and use of Dine Brands products and services.
  • Respond to your customer service inquiries, post your comments related to our products and services on our social network pages, and take other actions in response to your questions, comments or Site activity.
  • Communicate with you about special offers, services, and promotions for our brands, affiliates or third party partners that may be of interest to you.
  • Communicate with you about your orders, purchases, and program participation.
  • Provide you with personalized services, including directing you to the nearest Applebee’s or IHOP restaurant based on your location, or providing you with specialized offers based on your Site activity or prior visits to our restaurants.

DOES DINE BRANDS SHARE PERSONAL INFORMATION?

Dine Brands will not disclose your personal information to third parties, except as provided below. We may share your personal information under the following circumstances:

  • We will only share your personal information with unaffiliated third parties for their own marketing purposes with your prior consent, such as for a special joint marketing or promotional campaign.
  • We may share your personal information with our affiliates and between all Dine Brands brands (including Applebee’s and IHOP).
  • We may share your personal information with Applebee’s and IHOP franchisees.
  • We may share your personal information with companies that provide services to us, such as credit card processors, gift card service providers, website hosts, email vendors, analytics providers, and other companies that help us provide services, support features on our site or in franchise restaurants, or otherwise market our brands; however, such companies may only use that information to provide services on our behalf.
  • We may share aggregated or anonymous information that does not identify you with third parties, and ensure that those third parties commit to not to attempt to re-identify anonymous information.
  • We may disclose your personal information in response to legal process, when required to comply with laws, to combat fraudulent or criminal activity, to enforce our agreements, corporate policies, and the terms of use of the Sites, and to protect the rights, property and safety of Dine Brands, our employees, agents, customers, or others.
  • We may share your personal information in the event of a merger, acquisition, financing, sale of assets, liquidation or other similar transaction.

MARKETING, TRACKING AND ANALYTICS

Dine Brands, and Dine Brands' third party service providers on its behalf, may use the information you provide to it from your restaurant and online visits to conduct analytics to help us better understand our customers and improve our services, as well as to make you personalized offers of Dine Brand or third party products and services on our sites, in our franchisee locations or on third party sites and services, and to feature personalized experiences at our Sites and franchisee restaurant locations. Dine Brands endeavors in good faith to adhere to self-regulatory advertising principles, such as the Digital Advertising Alliance’s Principles. If you are interested in learning more about and/or opting out of online behavioral advertising, sometimes called interest-based advertising, we encourage you to visit one of the advertising industry-developed opt-out pages, such as www.youradchoices.com or aboutads.info. Please note that while we provide these links for your convenience, we do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

If you join our rewards programs and other special marketing campaigns, we may use your personal information, including demographic information, birthday, personal preferences, purchase history, franchise locations you visit, and information about you from third party sources, including your location information, online browsing across time and third party sites to send you real time, geographically relevant and personalized offers, services, and promotions for our brands, affiliates or third party partners. Your participation in these special rewards programs and other marketing campaigns is completely up to you, and if at any point you no longer wish to be a member or participate in these programs, you may opt-out by contacting us at [email protected]

WHAT CHOICES DOES DINE BRANDS OFFER ABOUT PERSONAL INFORMATION?

You may contact us at the email address or phone number below if you wish to view, edit or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request.

If you no longer wish to receive promotional or informational emails from us, you may opt-out from receiving future emails from us by following the instructions for unsubscribing in the promotional or informational emails we send you or by contacting us at the email address or phone number below.

If you have opted into a promotional text-based campaign, and no longer wish to receive SMS messages from Applebee’s, you may opt-out from receiving future SMS messages from Applebee’s by texting 22337 or by contacting us at the email address or phone number below.

If you no longer wish to receive other SMS messages from Dine Brands, you may opt-out from receiving future SMS messages from Dine Brands by following the instructions for unsubscribing in the texts we send you or by contacting us at the email address or phone number below.

Please note that even if you opt-out of receiving future marketing communications from us, we may still contact you about your account or any products or services you have purchased from us, and we will still respond to your inquiries or requests for information.

You may be able to manage how your browser handles cookies by adjusting your browser’s privacy or security settings. If you set your browser to reject cookies, please note that you may not be able to access certain features on our Sites.

If you would like to opt out of online behavioral advertising, sometimes called interest-based advertising, please see the links in the Marketing, Tracking and Analytics section above.

Dine Brands does not honor web browser “Do Not Track” signals.

When you download our mobile apps, you may be able to manage how your mobile device shares certain information with us by adjusting your mobile device’s privacy or security settings. In particular, you may elect whether to share location information with our mobile apps to access the mobile app’s location based services.

Please note that any information you choose to provide in a public setting, such as on Dine Brands social network pages, is not only provided to Dine Brands but may also be shared publicly. Use caution when posting or sharing information on social networking sites. You may also be able to manage the sharing of certain personal information when you connect with us through social networks by adjusting the privacy or security settings of your social network accounts.

HOW DOES DINE BRANDS SECURE PERSONAL INFORMATION?

Dine Brands takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information. Although no transmission of data over the Internet or other public network can be guaranteed to be 100% secure, Dine Brands makes reasonable efforts to protect any information you share with us.

HOW DOES DINE BRANDS TREAT INFORMATION FROM CHILDREN?

Dine Brands does not intend for any portion of the Site to be accessed or used by children under the age of thirteen, nor does Dine Brands intend to collect any personally identifiable information from children under the age of thirteen. By using the Site, you are representing that you are not under the age of thirteen. If we obtain knowledge that a child under the age of thirteen has provided us with personally identifiable information, we will promptly delete such information. Please note that while Dine Brands offers a kid-friendly app called the Pancake Squad, this app does not permit the collection of any personally identifiable information.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits California residents to request annually, free of charge, information about what personal information Dine Brands disclosed to third parties, including affiliates, for direct marketing purposes. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Dine Brands shared information in the immediately preceding calendar year. California residents may make such requests in writing to:

Dine Brands:

Dine Brands Global, Inc.
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

IHOP:

International House of Pancakes, LLC
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

Applebee's:

Applebee's International, Inc.
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

CONTACT US

Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us via email or via postal mail at the following addresses:

Dine Brands:

Dine Brands Global, Inc.
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

IHOP:

International House of Pancakes, LLC
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

Applebee's:

Applebee's International, Inc.
Attention: Privacy Desk
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
[email protected]

TERMS OF USE

Please Read The Following Terms And Conditions Carefully.

Last Update: March 19th, 2018

This Terms of Use ("Terms") is a legal agreement between you and Dine Brands Global, Inc. and its subsidiaries and affiliates (collectively, "Dine Brands," "us," "our," and "we") governing your access to and use of the websites and online services that Dine Brands operates and that link to these Terms (collectively, "Site" or "Sites"). By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your "Company"), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

We may update these Terms from time to time, so please check this page periodically for updates. We will notify you of any materials changes to these Terms.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF LIABILITY (SECTION 13), AS WELL AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US (SECTION 15).

1.Changes to the site

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the "Content").

2. License to access and use

2.1 You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a Company, only your Company's own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

2.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

2.3 You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. You represent that you are at least 18 years of age.

3. Privacy policy

Information that you provide to us or that we collect about you and/or your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read our Privacy Policy.

4. Intellectual property

You understand and agree that we own, or (where applicable) we have licensed or obtained from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable intellectual property and proprietary information of Dine Brands or its licensors and content providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Dine Brands or its licensors and content providers.

5. Copyright policy

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to:

Dine Brands Global, Inc.
Attention: Compliance Director - DMCA Copyright Agent
450 N. Brand Blvd., 7th Floor
Glendale, CA 91203
or by email to: [email protected]

Please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

6. Termination of access

6.1 Dine Brands reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Dine Brands, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

6.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Dine Brands will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

7. User conduct

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including any third party's intellectual property rights; and

(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

8. Submissions

8.1 By disclosing or offering any information to us, including comments, computer files, software, documents, images, graphics, or other information (each, a "Submission"), either through your use of the Site or otherwise, you authorize Dine Brands to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Dine Brands an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

8.2 By making a Submission, you represent that (a) you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission, and (b) the Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

8.3 Dine Brands has the right (though not the obligation) to, in Dine Brands's sole discretion, refuse to display or remove any Submission appearing on the Site that, in Dine Brands's reasonable opinion, violates any Dine Brands policy or is in any way harmful or objectionable.

9. Security

Dine Brands takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify Dine Brands immediately if you discover loss or access to such information by another party not under your control and supervision. Dine Brands will not be liable for any loss or damage arising from the unauthorized use of your username or password.

10.Hyperlinks

10.1 This Site may include hyperlinks to other websites which are not maintained by Dine Brands. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Dine Brands of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Dine Brands will have no liability for any loss or damage arising from your access or use of any external website. Since Dine Brands is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

10.2 Images of the Dine Brands logo can only be used to link to the Site; any other use of the Dine Brands logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Dine Brands approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

10.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Dine Brands logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Dine Brands logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

11. Use of trademarks

Except as otherwise expressly permitted by these Terms, you may not, without our express written permission, use any trademarks or service marks owned by Dine Brands Global, Inc., Applebee's Restaurants LLC, or IHOP Restaurants LLC for any purpose.

12. Disclaimer

The use of this SITE by you and/OR your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, DINE BRANDS AND ITS CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

13. Limitation of liability

13.1 In no event will Dine Brands, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our "Representatives"), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

13.2 Under no circumstances will Dine Brands or our Representatives be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Dine Brands and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

13.3 Without limiting any of the foregoing, if Dine Brands or any of its Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not, in any calendar year, exceed the greater of the amount you paid for use of the Site or $100.

14. Indemnification

You agree to defend, indemnify and hold harmless Dine Brands, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Dine Brands; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

15. Binding arbitration, class action waiver

This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR OR DINE BRANDS'S INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Dine Brands arising out of or in connection with these Terms (including without limitation our Privacy Policy) and/or your use of the Site, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The term "dispute" will be given the broadest possible meaning allowable under law.

15.1 Notice of Dispute. In the event of a dispute, you or Dine Brands must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Dine Brands Global, Inc., Attention: Legal Department, 450 N. Brand Blvd., 7th Floor Glendale, CA 91203. Dine Brands will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Dine Brands will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Dine Brands may commence arbitration.

15.2 Small claims court. You may also litigate any dispute in small claims court in your county of residence or Los Angeles County, California, U.S.A. if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.

15.3 Binding arbitration. If you and Dine Brands do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by individual confidential binding arbitration governed by the Federal Arbitration Act ("FAA"). Class arbitrations are not permitted. You are giving up the right to litigate disputes in court before a judge or jury (or participate in court as a party or class member). Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. You will have a reasonable opportunity to participate in the process of choosing an arbitrator. Any court with jurisdiction over the parties may enforce the arbitrator's award.

15.4 Class action waiverAny proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Dine Brands will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

15.5 Arbitration procedure. Any arbitration will be conducted by JAMS under its comprehensive arbitration rules and procedures. If you are a consumer as defined by JAMS, the JAMS consumer arbitration minimum standards will also apply which include the right to an in-person hearing. You agree to commence arbitration only in your county of residence or in Los Angeles County, California, U.S.A. The arbitrator is authorized to award all relief, and only that relief, available under applicable law, i.e., the relief that would have been available to the parties had the dispute been heard in court, subject to these Terms. Any exchange of information will adhere to the JAMS rules. The arbitrator's award will consist of a written statement providing for the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. For more information see the JAMS website. You or Dine Brands may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect its rights or property pending the completion of arbitration.

15.6 Fees and Costs. If you are a consumer (as defined under JAMS rules) and you commence arbitration against Dine Brands, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Dine Brands. If Dine Brands commences arbitration against a consumer, Dine Brands will pay for all costs associated with the arbitration. If you are not a consumer, then you and Dine Brands each will pay a pro rata share of the arbitration costs. The Parties are responsible for paying their own attorneys' fees. For arbitrations outside of California, the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed by law. For arbitrations within California, the arbitrator shall have the authority to award attorney's fees and costs to a claimant who prevails against Dine Brands if such an award is allowed by law.

15.7 Claims or disputes must be timely filed. To the extent permitted by law, any claim or dispute to which this Section 15 applies must be filed within one year in small claims court pursuant to Section 15.2 of these Terms or in arbitration pursuant to Section 15.3 of these Terms, unless a longer limitations period for bringing such claims is provided by law. The limitations period begins when the claim or Notice of Dispute first could be filed. If such a claim or dispute is not filed within the relevant limitations period, it is permanently barred.

15.8 Conflict with JAMS rules. These Terms govern to the extent they conflict with JAMS's comprehensive arbitration rules and procedures.

15.9 Governing Law. These Terms will be construed and enforced in accordance with the laws of the State of California, without given effect to their principles of conflicts of law. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

15.10 Severability. If the class action waiver in Section 15.4 of these Terms is found to be illegal or unenforceable as to all or some parts of a dispute, then this Section 15 will not apply to those parts. Instead, those parts of the dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Section 15 is determined to be illegal or unenforceable, that determination will not affect the validity or enforceability of any other provision all of which shall remain in full force and effect. If necessary to effectuate the intent of the parties to resolve a dispute through arbitration, a court of competent jurisdiction should reform this Agreement.

16. Miscellaneous

16.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

16.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

16.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

16.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

16.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

16.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

16.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

16.8 Possible evidence of use of the Site for illegal purposes may be provided to law enforcement authorities.

16.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

17.Other agreements

If you have entered into a separate written agreement with Dine Brands with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.