Learn!Now Terms of Use

In addition to the terms of the Privacy Policy, the following terms of use apply to the Learn!Now.
Confidentiality

Remember, use of The Learn!Now is limited to internal, authorized use only. By registering with The Learn!Now, you agree that you will use any information or materials that you receive as part of the program only in connection with your employment and for no other purpose. PLEASE NOTE THAT THE LEARNING CONTENT SECTION OF THE LEARN!NOW MAY BE ACCESSED BY INDIVIDUALS WHO DO NOT WORK FOR YOUR RESTAURANT/FRANCHISE.THEREFORE, ADMINISTRATORS SHOULD NOT UPLOAD ANY CONFIDENTIAL INFORMATION THAT PERTAINS SOLELY TO YOUR RESTAURANT/FRANCHISE.

Intellectual Property

The Learn!Now and all training materials including, but not limited to, text content, photographs, video, audio and graphics, and business management tools accessed through The Learn!Now are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You are permitted to use the materials solely for the purposes of your employment. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this Website are owned by Yum! Brands, Inc. and/or the Brands or their respective owners. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in The Learn!Now.

The Learn!Now may also contain references to other company, brand and product names. Any company, brand and product names used herein are for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within The Learn!Now are either the property of, or used with permission by the Yum System. The Yum System may be, but is not necessarily, sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on The Learn!Now and makes no representations about them, their owners, their products or services.

The graphic images, buttons and text contained within The Learn!Now are the exclusive property of Yum or its licensors and may not be copied, distributed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Yum. The content, arrangement and layout of The Learn!Now including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Yum.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of The Learn!Now, or trademarks, service marks, or trade dress found within The Learn!Now may violate civil or criminal laws including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unauthorized use may also subject you to disciplinary action, up to and including termination of employment.

By visiting The Learn!Now you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on The Learn!Now.

Unless expressly stated on The Learn!Now in the section you are accessing and when used solely in connection with your employment, none of the material on or accessed through The Learn!Now may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Yum. Notwithstanding the above, you may print out content from The Learn!Now for your own personal use in connection with your training, provided you do not publish, copy or otherwise re-transmit or disclose what you have printed out from The Learn!Now without Yum’s prior written permission.

Your Account and Password

When you register on The Learn!Now, you are required to choose a new user name and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORDS. You are responsible for all use of The Learn!Now by anyone using your login identification, your password and any security lock code that you use to protect access to your data. You acknowledge that your user name and password are to be kept confidential and you agree to accept full responsibility and indemnify the Yum System, Yum’s Vendors and service providers and your employer for all activities that occur under your password or user name. You agree to: (a) immediately notify Yum and your employer of any unauthorized use of your password, user name, or account or any other breach of security related to The Learn!Now, and (b) ensure that you exit from your account at the end of each session.

Disclaimer of Warranties

YUM STRIVES TO ENSURE THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE AND RELIABLE. PLEASE UNDERSTAND, HOWEVER, THAT WE PROVIDE THIS SITE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON OR GENERATED BY THE SITE, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR INJURIES CAUSED BY USE OF THIS SITE (SUCH AS VIRUSES, OMISSIONS OR MISSTATEMENTS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YUM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YUM MAY FROM TIME TO TIME REVISE THE INFORMATION, SERVICES AND THE RESOURCES CONTAINED IN THIS SITE AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT ANY OBLIGATION TO NOTIFY PAST, CURRENT OR PROSPECTIVE VISITORS OR APPLICANTS. IN NO EVENT SHALL YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YUM AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH: (A) THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (D) ANY OTHER MATTER RELATING TO THE SITE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Technology/Use By Franchisees/Others

You must choose correct technology requirements when using this site. Franchisees are solely responsible for technology requirements chosen by their employees or contractors or consultants. Yum and its parent, affiliates, subsidiaries shall not be liable or otherwise responsible for any issues, claims or damages resulting from Franchisee’s failure to use or select the correct technology requirements for this site.

No Unlawful or Prohibited Use

The Learn!Now is for use only by authorized employees and others for employment training purposes. Hourly employees must take training only during scheduled work hours. You agree not to use The Learn!Now for any purpose that is unlawful or prohibited by these Terms. You agree not to post or submit on The Learn!Now any material that (a) is false, inaccurate or deceptively misleading; (b) infringes on the copyrights, trade secret, trademark or other intellectual property rights of any third parties; (c) violates the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; and/or (e) impersonates another person. You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to The Learn!Now, computer systems or networks connected to The Learn!Now, through hacking, password mining or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of The Learn!Now or the content contained herein without Yum’s express prior written permission.

User Materials Provided or Posted on The Learn!Now.

By posting, uploading, inputting, providing or submitting any materials (including feedback and suggestions), you grant Yum permission to use your submission including, without limitation, the license to copy, distribute, transmit, publicly display, perform, reproduce, edit, modify, translate, and reformat your submission; and the right to sublicense such rights to any of our agents or service providers. You understand and agree that no compensation will be provided for your submission, and that there is no guarantee or representation regarding employment as a result of any submission. Yum and your employer make no representations or guarantees regarding the effectiveness or timeliness of The Learn!Now in meeting the employment objectives of its users.

You should be aware that any information you provide to areas of The Learn!Now that are viewable or accessible to other users may be read, collected, and used by others who access them for business purposes only. To request removal of your Personal Information from these areas, contact us via one of the methods listed in this privacy policy. If we are unable to remove your personal information, we will notify you.

General

The laws of the Commonwealth of Kentucky, United States of America govern these Terms in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction of the state or federal courts of Louisville, Kentucky, Dallas, Texas or Orange County, California (determined by location of Yum or the Brand primarily interested in the dispute, as designated by Yum or a Brand if you so request) over any dispute arising from your use of The Learn!Now. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Learn!Now or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Use of The Learn!Now is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

These Terms constitute the entire agreement between you and the Yum System with respect to the use of The Learn!Now. If any provision of these Terms is declared invalid or unenforceable, such provision shall be struck from the Terms and the remaining provisions shall be given full force and effect.

International Users

This Learn!Now is controlled and operated by YRSG, and administered by its service provider, from their offices within the U.S. If you access The Learn!Now from locations outside of the United States, you are responsible for compliance with all local laws. If you submit information to The Learn!Now from outside of the United States, you consent to the transfer of the information to the United States for processing and use. Please review the privacy policy for more information.

Changes To These Terms of Use

We may update these Terms at any time to reflect changes in our business/training practices. If we make any material changes in the Terms we will notify you by means of a notice on this site prior to the change becoming effective.

CONTACT INFORMATION

Questions or complaints regarding these Terms should be submitted to us by email at privacypolicy@yum.com or by writing to the following address:

  • Yum! Brands, Inc.
  • Attn: Law Department
  • 1441 Gardiner Lane
  • Louisville, KY 40213
  • Effective Date: September 30, 2016