Terms of Use

Last Revised: April 23, 2026

Acceptance of Terms of Use

These terms and conditions of use (the “Terms of Use”) govern your use of the content and functions available through the papajohns.com domain name and our other websites and our apps on which these terms reside or are linked from (collectively the “Platform”) that are operated by Papa Johns International, Inc. or its affiliates (collectively “Papa Johns”). Please read these Terms of Use carefully before using the Platform. By accessing the Platform in any way, you accept and agree to be bound by the terms, conditions, policies, and notices contained in these Terms of Use. If you do not agree to these Terms of Use, you should not use the Platform. These Terms of Use are an ongoing contract between you and Papa Johns and apply to your use of the Papa Johns Platform.

Changes to Terms of Use

From time to time, Papa Johns may update these Terms of Use. Papa Johns reserves the right, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Papa Johns Platform after we make changes means that you agree to be bound by such changes.

Binding Arbitration

These Terms of Use provide that all disputes, controversies, or claims arising between you and Papa Johns will be resolved by BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any and all disputes with Papa Johns.

Privacy and Personal Information

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Notice for more information about our information collection and use practices. Our Privacy Notice is a part of these Terms of Use and you agree to our use and sharing of the information we collect about you as described in here and in our Privacy Notice.

Ownership of the Platform

Content on this Platform that is provided by Papa Johns or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Papa Johns Content”) is the property of Papa Johns and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Papa Johns Content located on the Platform for use in any publications, in public performances, on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of Papa Johns, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Papa Johns and/or its licensors, that dilutes the strength of Papa Johns or its licensor’s property, or that otherwise infringes Papa Johns or its licensors’ intellectual property rights. You further agree to in no other way misuse any Papa Johns Content or third party Content that appears on this Platform.

Your Account

In order to access some features of the Platform, you will have to create an account. You must complete the specified registration process by providing us with current, complete, and accurate information as requested by the account creation form. You may never use another’s account without permission. If you register an account on the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You are entirely responsible for any and all activities that occur under your account. You agree to accept responsibility for all activities that occur under your account or password. You must notify Papa Johns immediately of any breach of security or unauthorized use of your account. Although Papa Johns will not be liable for your losses caused by any unauthorized use of your account, either with or without your knowledge, you may be liable for the losses of Papa Johns or others due to such unauthorized use.

The Platform sells products to individuals who are authorized to make purchases with a credit or debit card. If you are under 13, you may browse the Platform but you may not register an account, purchase goods, or participate in any offers or promotions. Papa Johns reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Your account includes membership in the Papa Rewards program. By creating and using your account, you agree to the Terms and Conditions of the Papa Rewards program.

User Content; Reviews; Feedback and Other Postings

Our Platform permits you to submit your personal information, data and information related to you, photos, written posts and certain other information and materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Papa Johns; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Papa Johns, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Platform or features therein. Papa Johns may cancel your account and delete all User Content associated with your account at any time, and without notice, if Papa Johns deems that you have violated these Terms, the law, or for any other reason. Papa Johns assumes no liability for any information removed from our Platform and reserves the right to permanently restrict access to the Platform or a user account.

Papa Johns does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Papa Johns without the prior review and written approval of Papa Johns.

You agree to indemnify and hold Papa Johns, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Privacy Notice, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Papa Johns or this Platform.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Papa Johns respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   ”I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   ”I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:
Attn: General Counsel
privacy@papajohns.com
Papa John’s International, Inc.
P.O. Box 99900
Louisville, Kentucky 40269-0900

Third-Party Websites and Content

These Terms of Use apply to all users of the Platform, including users who are also contributors of video content, information, and other materials or services on the Platform. The Platform may contain links to third party Platforms that are not owned or controlled by Papa Johns. Papa Johns makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Papa Johns has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms. In addition, Papa Johns will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release Papa Johns from any and all liability arising from your use of any third-party Platform. Accordingly, when you leave the Platform or submit information to a third-party platform accessible from this Platform, the terms and conditions and privacy policy of that other platform will apply.

Browsing Session Information

We use technologies that maintain records of your browsing session, chats, and other activities on our Platform. These technologies may include session replay that maintains a record of your interactions with our Platform, chatbots that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Platform, as well as other technologies that collect and share your interactions with our Platform. We use this information for quality control, customer service, fraud prevention and security in accordance with our Privacy Notice.

Use of Automated Tools and AI

Papa Johns and its service providers may use automated tools, algorithms, and artificial intelligence or machine learning technologies in connection with operating, maintaining, securing, supporting, and improving the Platform and our products and services, including for customer support, customer service calls, personalization, recommendations, search, content moderation, analytics, fraud prevention, security, and compliance. Nothing in these Terms restricts Papa Johns’ or its service providers’ use of such technologies in connection with the Platform or our business.

Platform Access and Restrictions

Papa Johns hereby grants you permission to use the Platform as set forth in these Terms of Use, provided that:

1. your use of the Platform as permitted is solely for your personal, noncommercial use;
2. you will not copy or distribute any part of the Platform, including content on the Platform provided by Papa Johns or its licensors, including graphics, images, text, digitally downloadable files, trademarks, logos, product and program names, or slogans (“Papa Johns Content”), in any medium without Papa Johns prior written authorization;
3. you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose;
4. you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
5. you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
6. you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
7. you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and
8. you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Platform in a manner that sends more request messages to the Papa Johns servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Papa Johns grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Papa Johns reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform with respect to their user submissions.

Violations of system or network security may result in civil or criminal liability. Papa Johns will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Typographical Errors and Incorrect Pricing

In the event a product is listed at an incorrect price due to typographical error, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged.

Site Accuracy

Although we intend to provide accurate and timely information on the Platform, the Platform (including, without limitation, Papa Johns Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. We have made reasonable efforts to accurately display colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. The information published on the Platform is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Platform are your sole responsibility and we shall have no liability for such decisions.

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

You can purchase products on the Platform with a credit or debit card, or through a third-party payment processor. You represent and warrant that if you are making online payments that: (a) any credit card, debit card and bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit/debit card or bank; (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Quantity Limits

Papa Johns reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Papa Johns and its services.

Disclaimer of Warranties; Limitation of Liability

THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL PAPA JOHNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAPA JOHNS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAPA JOHNS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PAPA JOHNS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Papa Johns makes no representations about the reliability of the features of this Platform, the Papa Johns Content, User Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Papa Johns makes no representations regarding the amount of time that any content will be preserved. The Platform is controlled and offered by Papa Johns from its facilities in the United States of America. Papa Johns makes no representations that the Papa Johns Platform is appropriate or available for use in other locations. Those who access or use the Papa Johns Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. PAPA JOHNS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Indemnity

You agree to defend, indemnify and hold harmless Papa Johns, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and other litigation costs, as and when incurred) arising from:

• your use of and access to the Platform;
• your violation of any term of these Terms of Use;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your user submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Platform.

App Platform Users

The use of the app Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Papa Johns, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

Papa Johns may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Papa Johns makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.

Users of the Apple Platform

If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that these Terms of Use are entered into by and between Papa Johns and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms of Use and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms of Use. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html and http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms of Use incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms of Use, the Platform is considered the “Licensed Application” as defined in the LAEULA and Papa Johns is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms of Use conflict with the terms of the LAEULA, the terms of these Terms of Use shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to:

• product liability claims;
• any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection or similar legislation.

Ability to Accept Terms of Use

You affirm that you are either 13 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent 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. In any case, you affirm that you are 13 years of age or older, as the Papa Johns Platform is not intended for children under 13. If you are under 13 years of age, then please do not use the Papa Johns Platform - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at Papa John’s International, Inc., P.O. Box 99900, Louisville, Kentucky 40269-0900, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you and we agree to engage in good faith efforts to resolve the dispute, including, but not limited to, personally participating in a telephone call or videoconference with us within that sixty (60) days. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to commencing an arbitration. Failure to participate in good faith in this informal dispute resolution process is an absolute defense to any arbitration filed by you, or on your behalf, against us. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice up to and including the date by which the parties agree the informal dispute resolution process has been exhausted.

Arbitration Agreement

Agreement to Arbitrate All Disputes. Except for the excluded claims and injunctive relief as explained below, you agree that any and all disputes, controversies, or claims arising between you and Papa Johns (each a “Claim” and collectively “Claims”), including but not limited to Claims arising out of or relating to the Platform, use of the Platform, these Terms and/or the Privacy Notice, shall be settled by binding and final arbitration in accordance with the then prevailing Comprehensive Arbitration Rules and Procedures of the American Arbitration Association (“AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator, who shall be selected pursuant to the AAA Rules. The arbitrator’s decision, judgment, or award in any such arbitration will be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this agreement. The arbitrator shall apply Kentucky law consistent with the FAA and applicable statutes of limitations, and shall honor all claims of privilege recognized at law. For the avoidance of doubt, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the arbitrability of any Claims, the scope, applicability, interpretation, and enforcement of this arbitration agreement, and the interpretation, applicability, enforcement, formation of these Terms and/or the Privacy Notice. Further, the arbitrator has the authority and discretion to award the same damages and relief, including injunctive and declaratory relief, on an individual basis, that any court of competent jurisdiction can award to an individual, except for public injunctive relief as explained below in the discussion of excluded claims.

Class Action Waiver. You may not act as a class representative or private attorney general or participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated.

Claims and Disputes Excluded from Mandatory Arbitration. As described herein, the following claims or disputes are excluded from the parties’ agreement to arbitrate: (i) qualifying small claims, (ii) claims for public injunctive relief, (iii) disputes regarding the interpretation or enforceability of the class action waiver agreed to herein, (iv) issues relating to the enforceability of the “Mass Arbitration Process Requirements.”

• Small Claims. This arbitration agreement does not preclude you or Papa Johns from bringing qualifying claims in small claims court or transferring qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will withdraw their Claim from arbitration within ten (10) days of receiving notice of the other party’s election to have the Claim pursued in or transferred to small claims court. The parties will then proceed with the Claim exclusively in small claims court.
• Public injunctive relief. Notwithstanding anything to the contrary in the foregoing, an arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. To that end, you and Papa Johns retain the right to apply to any court of competent jurisdiction for public injunctive relief, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have related Claims submitted to arbitration as provided in these Terms. If either party seeks a “public injunction” in court, all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
• Interpretation and Enforcement of Class Action Waiver. Issues relating to the interpretation or enforceability of the class action waiver will be resolved by a court of competent jurisdiction.
• Enforceability of Mass Arbitration Process Requirements. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Papa Johns.

Arbitration Costs and Procedures. If you initiate arbitration against us, you will not be responsible for professional fees for the arbitrator’s services or any other AAA administrative fees; this does not include, however, the filing fee you must pay to initiate the arbitration. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive as compared to the costs of litigation, Papa Johns will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being cost-prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the AAA Rules, the arbitration shall proceed in a location determined by the arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties.

Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against Papa Johns at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner (each a “Third Party Funder”) is directly or indirectly paying or advancing the arbitration fees and costs in a Mass Arbitration on your behalf, AAA shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the Third Party Funder(s), on the one hand, and us, on the other hand. AAA shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the Third Party Funder(s) and us in amounts they see fit to ensure a fair division among the parties. Additionally, when permitted under applicable rules, you may be responsible for our arbitration fees and costs.

Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Papa Johns. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Papa Johns will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Papa Johns. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Papa Johns will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by Papa Johns, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Papa Johns. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Enforcement and Invalidity. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Papa Johns shall be entitled to arbitrate their dispute.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PAPA JOHNS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Governing Law

These Terms of Use will be governed by and construed in accordance with the internal laws of Kentucky without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms of Use (except for those subject to mandatory arbitration) will be brought exclusively in the courts of competent subject matter jurisdiction located in Jefferson County, Kentucky, and you consent to personal jurisdiction in the Commonwealth of Kentucky for this purpose. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Use operate to the fullest extent permissible by law.

Termination

Papa Johns may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Papa Johns will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.

Assignment

Papa Johns may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or any part of them, to any other person. Any attempt by you to do so is void.

Miscellaneous

The Papa Rewards® loyalty program terms and conditions and any other terms of sale on our Platform are hereby incorporated by reference into these Terms of Use. These Terms of Use operate to the fullest extent permissible by law. If Papa Johns fails to act with respect to your breach or anyone else’s breach hereof on any occasion, Papa Johns is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Papa Johns regarding the use of the Platform.