Tender Greens Logo ORDER ONLINE TENDER GREENS LEGAL INFORMATION OUR PRIVACY POLICY VIEW SITE TERMS & CONDITIONS VIEW GIFT CARD TERMS & CONDITIONS VIEW TENDER GREENS PRIVACY POLICY Last Updated: November 5, 2019 T.Y.P. RESTAURANT GROUP, INC. IS CONCERNED ABOUT PRIVACY ISSUES AND WANTS YOU TO BE FAMILIAR WITH HOW WE COLLECT, USE AND DISCLOSE YOUR INFORMATION. This privacy policy describes our practices in connection with information that we collect through websites operated by us from which you may be accessing this privacy policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages that we control from which you may be accessing this privacy policy (collectively, our “Social Media Pages”), as well as through html-formatted email messages that we send to you that link to this privacy policy (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”). Please read this privacy policy carefully. By using the Services, you consent to our collection and use of your Personal Information (described below) as described in this privacy policy. Except as set forth in this privacy policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your personal information at any time. However, withdrawing consent may result in your inability to continue using the Services or some of their features. PERSONAL INFORMATION WE MAY COLLECT “Personal Information” is information about you that, alone or in combination with other information, can uniquely identify you as an individual. We may collect certain Personal Information from you when you visit the Websites or use the Services, including but not limited to: Name Postal address (including billing and shipping addresses) Telephone number Email address We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this privacy policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this privacy policy. HOW WE MAY COLLECT PERSONAL INFORMATION We and our service providers may collect Personal Information in a variety of ways, including: Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or make a purchase. Offline: We may collect Personal Information from you offline, such as when you visit our restaurants, place an order over the phone or contact us. From other sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; and from other third parties. HOW WE MAY USE PERSONAL INFORMATION We may use your Personal Information: To respond to your inquiries and fulfill your requests, such as to send you newsletters. To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies. To complete and fulfill your purchase or sign you up for events, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or reservation and provide you with related customer service. To send you marketing communications that we believe may be of interest to you. To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. HOW PERSONAL INFORMATION MAY BE DISCLOSED Your Personal Information may be disclosed: To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. To third-party sponsors of sweepstakes, contests and similar promotions. To identify you to any guest you register for an event. By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these Services will become public information and may be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services. To your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account. By connecting your Services account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing on the Services. To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. OTHER INFORMATION “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as: Browser and device information, including device ids, advertising ids, and other persistent identifiers, such as your IP address. Your IP address is a number that is automatically assigned to the computer that you are using by your internet service provider (ISP). Information collected through cookies, pixel tags and other technologies, such as the actions taken within and outside of the websites and apps and the date and time of your use of the websites and apps Demographic information such as your gender or city and other information voluntarily provided by you Aggregated information HOW WE MAY COLLECT OTHER INFORMATION We and our third-party service providers may collect Other Information in a variety of ways, including: Through your browser or device: certain information is collected by most browsers or automatically through your device, such as your media access control (mac) address, computer type (windows or macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly. Using cookies: cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisement If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs. Using pixel tags and other similar technologies: pixel tags (also known as web beacons and clear gifs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates. IP address: An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services. Physical location: we may collect the physical location of your device by, for example, using satellite, cell phone tower or wifi signals. We may use your device’s physical location to provide you with personalized location-based Services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized Services and content. From you: information such as your preferred means of communication is collected when you voluntarily provide it. Unless combined with Personal Information, it does not personally identify you. By aggregating information: aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code). HOW WE MAY USE AND DISCLOSE OTHER INFORMATION We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in the “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for so long as it is combined. THIRD-PARTY SERVICES This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages. Specifically, we use the following third-party service providers in order to provide the Services to you: When you place an order through any of the Services, you will be directed to our third-party ordering service provider, Mobo Systems, Inc. d/b/a Olo (“Olo”). Any Personal Information you provide to Olo in connection with the ordering process will be subject to Olo’s privacy policy (located at https://order.tendergreens.com/help/privacypolicy), and we are not responsible for any such Personal Information, including but not limited to your payment information, which we do not store on our servers. We use certain services provided by Punchh, Inc. (“Punchh”) for purposes of running customer loyalty and reward programs, special offers, and similar programs. As part of these programs and offers, certain of your Personal Information may be shared with Punchh (including, without limitation, your name, email address, payment information, information regarding the purchases you make with us, and any other information you provide in connection with such programs), and you acknowledge and agree that this information may be used by Punchh as permitted by Punchh’s privacy policy (located at https://punchh.com/privacy_policy), including, without limitation, in connection with running such programs and offers. SECURITY We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “contacting us” section below. CHOICES AND ACCESS Your choices regarding our use of your Personal Information: If you no longer wish to receive marketing-related emails from us, you may opt-out from such messages by following the instructions contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out. If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at info@tendergreens.com and include the word “security” in the subject line. How you can access, change or suppress your Personal Information: If you would like to review, correct, update, suppress, or delete the Personal Information that you have provided to us, you may contact us by email at info@tendergreens.com or write to the following address: T.Y.P. Restaurant Group, Inc. 1201 West 5th Street, Suite T-400 Los Angeles, CA 90017 In your request, please make clear what Personal Information you would like to have changed, whether you would like to have it suppressed from our database, or otherwise let us know what limitations you would like to put on our use of it. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. We do not honor Do Not Track Requests and signals. If you are a resident of the State of California, please also note the following: PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1798.83, A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A "CALIFORNIA CUSTOMER") MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING INFO@TENDERGREENS.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONLY ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND THAT WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS. RETENTION PERIOD We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law. USE OF SERVICES BY MINORS The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services. If a child under 13 submits Personal Information to us through the Services, and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at info@tendergreens.com and we will delete the information from our system. CROSS-BORDER TRANSFER The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. SENSITIVE INFORMATION We ask that you not send us, and that you not disclose to us, any sensitive Personal Information (e.g., social security numbers, credit card numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise. UPDATES TO THIS PRIVACY POLICY We may change this privacy policy from time to time. The “last updated” legend at the top of this page indicates when this privacy policy was last revised. Any changes to this privacy policy will become effective when we post the revised privacy policy on the Services. Your use of the Services following these changes means that you accept the revised privacy policy. CONTACTING US If you have any questions about this privacy policy, please contact us by email at info@tendergreens.com or at the following address: T.Y.P. Restaurant Group, Inc. 1201 West 5th Street, Suite T-400 Los Angeles, CA 90017 Because email communications are not always secure, please do not include sensitive information in your emails to us. BACK TO TOP TENDER GREENS WEBSITE TERMS OF USE AND SERVICE Last Updated: November 5, 2019 These Website Terms of Use and Service (these “Terms”) form a binding agreement between you and T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens (“Tender Greens”, “we” or “us”). These Terms set forth the terms and conditions governing your use of the website owned and operated by Tender Greens, located at https://www.tendergreens.com (the “Site”) and any services provided by Tender Greens via the Site (collectively the “Service”). These Terms do not apply to any software application, including, without limitation, the Tender Greens App (“Application”), the Tender Greens Rewards Program or its Gift Cards, all of which are subject to their own terms and conditions. These Terms apply to all users of the Service, including without limitation users who are browsers of the Site, vendors, customers, or merchants of Tender Greens, or contributors of content to the Service. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AGREEMENT REQUIRING MANDATORY BINDING ARBITRATION SET FORTH IN SECTION 12. BY ACCESSING THE SITE OR USING THE SERVICE YOU REPRESENT TO TENDER GREENS THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SERVICE. Modifications We may modify these Terms at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site or any Application, as applicable (each a “Revised Version”) on the Site. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after you receive any such notification of a Revised Version constitutes your acceptance of such Revised Version. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS Capacity to Agree By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Service. Our Products Products. The Service enables Tender Greens to offer, to you and other users, various food, beverage and other related products (collectively, the "Products"). The Products advertised or otherwise made available for purchase via the Service or any Third-Party Service are determined solely by Tender Greens. We reserve the right to modify, discontinue, suspend or otherwise limit the sales of any of our Products to any person, based on geographic region, jurisdiction, availability or otherwise, and you acknowledge that we may exercise this right on a case-by-case basis. Tender Greens will have no liability to you or to any third party for any such modification, discontinuation, suspension, limitation or unavailability of any Products. Product Pricing. Any Product pricing listed on any part of the Service or any Third-Party Service (each defined below) is subject to change without notice to you. Tender Greens reserves the right to, at any time, modify such pricing, for any Product, without advance notice to you. We will not be liable to you or to any third party for any such modification. Applications You acknowledge and agree that the availability of any Applications is dependent on the third party from whom you received the Application license (e.g., the Apple iTunes or Google Play app stores) (each an "App Store"). You further acknowledge that these Terms are between you and Tender Greens and not with any applicable App Store. Tender Greens, not such App Store, is solely responsible for its own Application, with applicable third parties responsible for any such third party Applications, the content thereof, and the maintenance, support services, and warranty, if any, therefor, and for addressing any claims relating thereto (e.g., products liability claims, legal compliance or intellectual property infringement). In order to use any Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using any part of the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them. Third-Party Services, Links, and Materials. Third-Party Services. We may provide you with access, via the Service, to certain tools and services provided by third parties, including any Delivery Services (defined below) (each a “Third-Party Service”). You acknowledge that we neither monitor nor have any control over any Third-Party Service and agree that your use of any Third-Party Services offered through the Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions upon which such Third-Party Services are provided by the relevant third-party provider (“Third-Party Terms”). Any Third-Party Service to which we provide you access, whether via a hyperlink provided via the Service, is provided by Tender Greens "as is" and "as available," without any warranties, representations or conditions of any kind and without any endorsement by us. Tender Greens will have no liability whatsoever arising from or relating to your use of any Third-Party Services. Third-Party Links; Third-Party Materials. We may, via hyperlinks provided through the Service (“Third-Party Links”), provide you with the ability to access certain third-party websites and content owned or offered by third-parties (“Third-Party Materials”). Any Third-Party Links you click on via the Service may direct you to Third-Party Materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Third-Party Materials. We are not liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any Third-Party Links or Third-Party Materials. Please review carefully the applicable third-party's policies and practices and make sure you understand them before you engage in any such transaction. Complaints, claims, concerns, or questions regarding any Third-Party Services, Third-Party Links, or Third-Party Materials should be directed to the applicable third party. Delivery Services. Any delivery service you use to order Products from Tender Greens, whether accessed through a Third-Party Link or otherwise (each a “Delivery Service”), is at your sole discretion. All Delivery Services are subject to only the terms and conditions provided by the provider of such Delivery Service, and Tender Greens will have no liability to you for issues that may arise from your use of any such Delivery Service. Notwithstanding anything to the contrary herein, you agree that, with respect to any Products ordered via Mobo Systems, Inc. d/b/a Olo (“Olo”), you accept the terms and conditions set forth in the Olo Terms of Service and the Olo Privacy Policy, each of which is made available to you when you order any of our Products through Olo. User Content. Personal Information. Your submission of personally identifiable information via the Service is governed by our Privacy Policy (“PII”). User Comments. You may be provided the ability to upload to the Service or otherwise submit to Tender Greens, with or without our request, whether online, by email, by postal mail, or otherwise, certain content, including feedback, recommendations, reviews, suggestions, proposals, plans, creative ideas or other materials, whether your original content or that of a third party (collectively, “User Comments”). You agree that Tender Greens may use User Comments without restriction at any time, including but not limited to editing, copying, publishing, distributing, or translating such User Comments, in any form or medium. Tender Greens is and will be under no obligation to (1) maintain any User Comments in confidence; (2) pay compensation to you or any third party for use of any User Comments; or (3) respond to any User Comments. User Content. You represent and warrant to Tender Greens that any PII or User Comments (collectively, the “User Content”) you upload to the Service or otherwise submit to Tender Greens will not violate any right of any third-party, including any copyright, trademark, or other intellectual property right or any privacy, personality or other personal or proprietary right of a third party. You further agree that any such User Content will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any part of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for the truthfulness and accuracy of any User Content you provide via the Service, and Tender Greens disclaims any and all responsibility and liability for any such User Content. Intellectual Property Ownership Except for any PII and User Content (subject to the rights granted to Tender Greens with respect thereto), you provide to Tender Greens via the Service, you agree that Tender Greens owns all rights, title and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos and other source identifiers related thereto or included therein ("Marks") that appear on or in connection with any Products or any part of the Service are exclusively the property of Tender Greens and its affiliates, licensors (including Tender Greens) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by Tender Greens. Term; Termination These Terms will remain effective unless and until terminated by either you or Tender Greens. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms Tender Greens may suspend your ability to use the any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. Tender Greens will not have any liability whatsoever to you for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALL PARTS OF THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TENDER GREENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. TENDER GREENS MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN RISK, AND TENDER GREENS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENDER GREENS OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Limitations of Liability YOU UNDERSTAND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENDER GREENS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF TENDER GREENS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.. Indemnification You agree to indemnify, defend and hold harmless Tender Greens and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Service. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury Please read the terms of this Section 12 (this “Arbitration Agreement”) carefully. It is part of your contract with Tender Greens and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY. (a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and use of the Service or Products that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms. (b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a "Notice") describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by via e-mail or by mail. Any Notice to Tender Greens shall be sent to either guestcare@tendergreens.com or 1201 W. 5th Street Suite T-400, Los Angeles, CA 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding. (c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Tender Greens’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. (d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules. (e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim). (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens. (g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court. (h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect. (l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens. (m) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court. (n) Claims Not Subject To Arbitration. Notwithstanding the anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. (o) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California. Miscellaneous Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Tender Greens and you also agree to apply The California Arbitration Act (“CAA”) which regulates private arbitration in California. See Cal. Civ. Proc. Code § 1280 et seq. Notice. Where Tender Greens requires that you provide an e-mail address, you are responsible for providing Tender Greens with your most current e-mail address. In the event that the last e-mail address you provided to Tender Greens is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Tender Greens’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tender Greens only at the following address: T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, 1201 West 5th Street, Suite T-400, Los Angeles, California 90017, with a copy to guestcare@tendergreens.com. Such notice shall be deemed given when received by Tender Greens by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law. Export Control. You may not use, export, import, or transfer any part of the Service or any Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Products or such Service, and any other applicable laws. In particular, but without limitation, no Product and no part of the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service or any Products for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any Products or any part of the Service or any other technology of Tender Greens, either directly or indirectly, to any country in violation of such laws and regulations. Electronic Communications. The communications between you and Tender Greens use electronic means, whether you visit the Service or send Tender Greens e-mails, or whether Tender Greens posts notices on any part of the Service or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Tender Greens in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tender Greens provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Release. You hereby release Tender Greens, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Service, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tender Greens’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Tender Greens’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Tender Greens’ assets. Force Majeure. Tender Greens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials. Questions, Complaints, Claims. If you have any questions or complaints with respect to the Site, Service, or Products provided by Tender Greens, please contact us by writing to: T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, 1201 West 5th Street, Suite T-400, Los Angeles, California 90017, with a copy to guestcare@tendergreens.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. BACK TO TOP TENDER GREENS GIFT CARD TERMS & CONDITIONS Last Updated: November 5, 2019 These Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to the use of Tender Greens physical plastic gift cards (“Physical Gift Cards”) and electronic gift cards (“E-Gift Cards”, and collectively with Physical Gift Cards, the “Cards”). This Agreement is between you (“Cardholder,” “you,” or “your”) and T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, the issuer of the Cards (“Issuer,” “we,” “us,” or “our”). By purchasing, loading, reloading, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, load, reload, accept, or use the Card. PLEASE READ THIS Agreement as it includes a binding arbitration agreement in Section 15, a class action waiver, and limitations on liability and damages that apply to your use of the Card. If you do not agree to this Agreement, then do not purchase, load, reload, accept or use your Card. About Your Card. Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program and is the sole legal obligor to the Cardholder. Physical Gift Cards are valid for use only if obtained from a Tender Greens restaurant, www.tendergreens.com, or another authorized distributor. E-Gift Cards are currently issued only through the Tender Greens App. Additionally, you can save Physical Gift Card information into the Tender Greens App for use as an E-Gift Card through the Tender Greens App. The term “E-Gift Card” as used in this Agreement includes Physical Gift Cards for which the Physical Gift Card information is saved into the Tender Greens App. When you purchase, use, load or reload an E-Gift Card or save Physical Gift Card information into the Tender Greens App, the Terms and Conditions for Tender Greens App and Rewards Program, which can be found here, will also apply. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Resale of Cards is strictly prohibited. Cards are not debit or credit cards. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. The purchase of Cards does not qualify for points under the Issuer’s loyalty rewards program. Purchases (excluding beer and wine) made using Cards as a form of payment do qualify for points under the Issuer’s loyalty rewards program. Balance Inquiries/Date of Issue. For balance inquiries, please contact us by phone at 888-210-4033 or by email at guestcare@tendergreens.com, or visit any Tender Greens restaurant. Balances for E-Gift Cards can also be obtained through the Tender Greens App. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed. Issuance dates for Cards are available by emailing guestcare@tendergreens.com or by contacting us by phone at 888-210-4033. Expiration and Fees. Cards never expire. We do not charge any fees related to the Cards. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration. Redemption/Use. Cards are redeemable and can be used only for purchases of food, beverages, or other eligible products and services. Cards are redeemable and can be used in store at Tender Greens restaurants, for online ordering and for ordering through the Tender Greens App. Cards cannot be used to purchase another Card or towards previously purchased goods or services. No Consolidation. You may not consolidate or combine multiple Cards to purchase a new Card. We do not consolidate or combine multiple Cards into one Card. Saving Card Information into the Tender Greens App Does Not Redeem Card. Saving Physical Gift Card information into the Tender Greens App does not redeem the value of the Physical Gift Card. Saving the information into the Tender Greens App makes the Physical Gift Card available for use through the Tender Greens App. Saving Card Information into the Tender Greens App Does Not Limit Card to Use Through App. Saving Physical Gift Card information to your Tender Greens App account does not limit you to using the Card through the Tender Greens App. You can use the newly created E-Gift Card and also continue to use the corresponding Physical Gift Card. Exchange of Certain Cards. Certain Physical Gift Cards previously issued by Issuer (“Prior Cards”) may not be compatible with the Tender Greens App and you may not be able to save the Physical Gift Card information into the Tender Greens App for use as an E-Gift Card. If you are rightfully in possession of a Prior Card and would like to exchange such Prior Card for a Card that is compatible with the Tender Greens App and that can be used as an E-Gift Card, please send an e-mail to guestcare@tendergreens.com or contact us by phone at 888-210-4033. Refunds. Cards are not refundable or redeemable for cash unless required by law. Replacement. You should treat your Card like cash and not disclose your Card information or your Tender Greens App account information to anyone. If your Card, Card information or Tender Greens App account information is lost or stolen, anyone who obtains possession of it may use your Card. You are solely responsible for keeping your Tender Greens App account information safe and for any activity conducted under your account. The value of any lost, stolen, damaged, or destroyed Card will not be replaced or replenished, except with proof of purchase. If you suspect someone has copied or stolen your Card, Card information or Tender Greens App account information, contact us by phone at 888-210-4033 immediately. No Returns. You may not return or cancel your Card after it is purchased. Reloadable. All Cards are reloadable - value may be added to your Card at any Tender Greens location. E-Gift Cards may be also be reloaded through the Tender Greens App. You can link a payment method to your Tender Greens App account and use that payment method to reload your E-Gift Card. We will send you an email after each reload to let you know your E-Gift Card has been reloaded. Once the dollar value is loaded or reloaded, the transaction cannot be reversed. There may be a delay from the time you pay the amount to be loaded onto your Card and those funds being available for use. Limitations. You may not have more than $500 in value on your Card at any time, and no more than $2,000 may be associated with any Card in a single day. This means that the activity on any Card cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Cards, together with the value of any new Cards that you may purchase, may not exceed $10,000 on any given day. Our Privacy Policies. Information that you provide when purchasing a Card is subject to the following Privacy Policy, as incorporated herein: https://tendergreens.com/legal-information. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the terms of this Section 15 (this “Arbitration Agreement”) carefully. It is part of your contract with Tender Greens and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY. (a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (m) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to this Agreement or the use, purchase, loading, reloading or acceptance of a Card that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of this Agreement and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement or through the use, purchase, loading, reloading or acceptance of a Card. (b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a "Notice") describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by via e-mail or by mail. Any Notice to Tender Greens shall be sent to either guestcare@tendergreens.com or 1201 W. 5th Street Suite T-400, Los Angeles, CA 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding. (c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Tender Greens’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. (d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules. (e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim). (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens. (g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court. (h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the this Arbitration Agreement shall continue in full force and effect. (k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens. (l) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court. (m) Claims Not Subject to Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. (n) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California. Disclaimer of Warranties. ISSUER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. ISSUER AND ITS AFFILIATES MAKE NO WARRANTY THAT USE OF THE CARDS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISSUER, ITS AFFILIATES, OR OTHERWISE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ISSUER OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE CARDS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, OR OTHERWISE. IN THE EVENT THAT A CARD IS RENDERED NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 17 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. Indemnification. You agree to indemnify, defend, and hold harmless Issuer and its agents, employees, representatives, licensors, affiliates, officers, and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of the Cards; (b) your violation of this Agreement; or (c) your violation of any rights of any third party in connection with your use of the Card. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Issuer and you also agree to apply The California Arbitration Act, which regulates private arbitration in California. See Cal. Civ. Proc. Code § 1280 et seq. Assignment. The terms and conditions of this Agreement are binding upon you and any of your successors or assigns and anyone to whom you transfer or gift a Card or share a Card with via the Tender Greens App. Use of any Card (including shared Cards) constitutes acceptance of the terms and conditions of this Agreement. All or any of Issuer’s rights and obligations hereunder may be assigned to a successor in interest to Issuer in a merger, acquisition, or sale of all or substantially all of Issuer’s assets. Changes to this Agreement. Tender Greens may modify this Agreement at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version online (each a “Revised Version”). Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use, loading, or reloading of the Card constitutes your acceptance of such Revised Version. PLEASE CHECK THIS AGREEMENT PRIOR TO ANY USE, LOAD, RELOAD, OR ACCEPTANCE OF THE CARD. Fraud. Issuer reserves the right to refuse to honor a Card where Issuer reasonably suspects that use of the Card is unauthorized, fraudulent, or otherwise unlawful. Conflicts. Except as otherwise provided in this Agreement, if any provision contained in this Agreement conflicts with any provision in any of the terms and conditions to which you are subject with the Issuer, the provision contained in this Agreement shall govern and control. Miscellaneous. (a) Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. (b) Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law. (c) Force Majeure. Issuer shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials. (d) Questions; Complaints. If you have any questions or complaints with respect to the Cards, please contact us by writing to: T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, 1201 West 5th Street, Suite T-400, Los Angeles, California 90017, with a copy to guestcare@tendergreens.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. (e) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. BACK TO TOP TERMS AND CONDITIONS FOR TENDER GREENS APP AND REWARDS PROGRAM Last Updated: November 5, 2019 This TENDER GREENS App (the “App”) is offered by T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens and/or its subsidiaries, licensees, franchisees and affiliated companies (“Tender Greens”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) (collectively part of the “App”) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and Tender Greens governing your use of this App, which includes its content, information, services, and features, or participation in the Rewards Program. Please read these Terms and Conditions, including the Arbitration Agreement requiring mandatory binding arbitration set forth in Section 10, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Rewards Program. Modifications We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as permitted or required under applicable law. It is therefore required that you update your account information, including when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications. Additionally, Tender Greens may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App. Content & Use This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the "Content") are owned by or licensed to Tender Greens and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Tender Greens grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content. You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Tender Greens may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. Rewards Program Tender Greens offers the Tender Greens Perks Program (the "Rewards Program") to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Tender Greens restaurants in the United States. Points and Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program. Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways: Click hereto create a Rewards Account; Create a Rewards Account on Tender Greens online ordering site located at order.tendergreens.com; or Download the Tender Greens mobile application to your Android™ or iPhone® device and create a Rewards Account. You may also follow the prompts to create a Rewards Account through your Facebook account. Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account. As a part of the Rewards Program, Tender Greens will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App to your device, email, SMS or text message, with message and data rates applying, and/or any other ways you may have selected when you enrolled in the Rewards Program or to which you thereafter consented. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences. Tender Greens will also provide for opt-out and unsubscribe options as required by law, some of which are made available via your phone and/or email settings. You may contact Tender Greens for assistance in any opt-out via guestcare@tendergreens.com. Earning Points and Offers for Rewards: You will earn and receive Points (as defined below) toward offers for rewards, which are defined as a thing given by Tender Greens to you, (“Rewards”) as follows: Qualifying Purchases: Members will earn and receive Points toward Membership Levels by making qualified purchases at participating Tender Greens restaurants or otherwise participating in. You will earn one Point per purchase of $1 or more (each a “Point”), excluding the purchase of Tender Greens Physical Gift Cards or E-Gift Cards, the terms of which are available here. Taxes, tips, and fees, including without limitation, delivery fees, and bag fees, may also be excluded and ineligible for Points. To receive Points for a qualified purchase, scan the bar code on the receipt or use a QR code scanner at the register from your purchase with the built in scanner in the App or upload a photo of your receipt within 7 days of your purchase to verify the minimum purchase requirement of $1. After this verification, the Points to which you are entitled will be applied to your Rewards Account. You can track the Points and offers and/or Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History. Points for qualifying purchases from participating stores are automatically added to your Rewards Account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you bonus points (“Bonus Points"). Bonus Points will be awarded as described in the applicable promotional or special offer and will be subject to any additional terms set forth in the promotional offer. Read each offer carefully for specific details, expiration dates, limitations and restrictions. Tender Greens Rewards Program Levels: Currently, there are three (3) levels of benefits within Tender Greens Rewards Program that are determined by the number of Points that you accumulate in your Rewards Account each year. By opening a Rewards Account you will be automatically enrolled in Tender Greens Rewards Program at the Fan Level. If you earn at least three hundred (300) points within the twelve (12) month period following your enrollment date, you will qualify for the Friend Level. If you earn at least one thousand (1,000) points within the twelve (12) month period following your enrollment date, you will qualify for the Family Level. Once you reach a specific level within the Tender Greens Rewards Program, you will receive the benefits that are applicable to that level at that time. However, you must continue to earn and accumulate Points in order to maintain your benefit level. Points expire and reset to zero one year following your anniversary date, unless an exception is otherwise communicated to you in writing from Tender Greens, with your continued participation in the Rewards Program serving as your agreement with Tender Greens to any such limited exception. Upon expiration of your Points, your Membership Level also expires without your maintaining your previously earned Membership Level status, and you must earn the Points necessary to qualify for any Membership Level under Tender Greens Rewards Program, absent separate agreement by Tender Greens. To maintain the Friend Level, you must earn at least three hundred (300) new Points during a 12-month period following the date you reached the Friend Level. If you do not earn 300 new Points in 12 months, you will be placed at the Fan Level of the Tender Greens Rewards Program and your Points balance will automatically reset to zero (0). To maintain the Family Level, you must earn at least one thousand (1000) new Points during a 12-month period following the date you reached the Family Level. If you do not earn 1000 new Points in 12 months, you will be placed at the Level of Tender Greens Rewards Program based on your current Points earned for that year and your Points balance will automatically reset to zero (0). You can view and track your Points balance and available offers by using the Tender Greens App. Tender Greens reserves the right to change the number of benefit levels and to change the benefits and rewards associated with each level of the Rewards Program in its sole discretion at any time. FAN LEVEL REWARDS By registering on the order online site (http://order.tendergreens.com) or in the App, you are automatically entered into the “Fan Level" of the Tender Greens Rewards Program. Fan Level Rewards may include: Invitations to certain promotions, offers or events. Tender Greens may offer Tender Greens Rewards Program members early or extended access to special menu items or discounts. Personalized offers and coupons. Special offers may be distributed by email, the News section on the Tender Greens App, or by physical mail. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Special offers may be customized based on purchase behaviors and preferences. Special offers may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, limitations and restrictions. FRIEND LEVEL REWARDS After you earn three hundred (300) Points in a 12-month period, you reach the “Friend Level" and your point balance is reset to zero (0) on your anniversary date. Friend Level Rewards may include: All of the benefits of Fan Level Rewards. A free entree on your birthday if you have earned four hundred (400) Points prior to your birthday. You will receive one (1) complimentary food item valued at $17 or less subject to the below: The complimentary birthday Reward may be redeemed at participating stores and excludes beer and wine. Is non-transferrable. Not redeemable for cash or cash equivalent. If you have provided Tender Greens with a current, valid email address, you will receive a reminder email from Tender Greens on your birthday (that is, the birthday date of record that you provided in your Tender Greens account information) indicating that your Reward is available to you. Tender Greens swag. Not redeemable for cash or cash equivalent. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Early or extended access to certain promotions, offers and event invitations. Tender Greens may offer Tender Greens Rewards Program members early or extended access to special menu items or discounts. FAMILY LEVEL REWARDS After you earn one thousand (1,000) Points in a 12-month period, you reach the “Family Level" and your point balance is reset to zero (0) on your anniversary date. Family Level Rewards may include: All of the benefits of Fan and Friend Level Rewards. Exclusive offers or discounts only available for Family Level Rewards. Special offers may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points, subject to additional details, restrictions or limitations, including, without limitation, expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Opportunities to gain access to exclusive, invitation-only events. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers. An invitation does not guarantee a seat, event RSVPs may be based on availability. Social Media Sharing & Referral Bonuses: You can also share your Tender Greens experience through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Tender Greens website, Facebook page, and/or other social media outlets, and you hereby grant a perpetual, royalty-free license to Tender Greens to do so. Offers: By accumulating Points in your Rewards Account, you will earn surprise offers, a type of Reward, every 50 points at the Fan Level and every 100 points at the Friend level, which you may redeem at participating Tender Greens restaurants. The Reward will be valid for 14 days. Once you earn a Reward, you may start accumulating Points towards another Reward. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon. Additional Rewards Program Terms: Tender Greens reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Rewards Account, or that the use of your Rewards Account is unauthorized, deceptive, fraudulent or otherwise unlawful. Tender Greens may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Tender Greens also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for three years. Inactive is defined as no Points or Rewards earned. Tender Greens has the right at any time, with or without giving you prior notice, to: end or cancel the Rewards Program and/or any specific Reward; change any Reward or other Rewards Program benefit we offer; change the requirements, including, without limitation, the number of Points required, for earning a particular Reward; change the time you have in which to earn a particular Reward; and/or change any other feature of the Rewards Program. If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date. Login and Registration Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Tender Greens immediately of any unauthorized use of your login, or any other breach of security. You are solely responsible for keeping your account information safe and for any activity conducted under your account. You may be held liable for losses incurred by Tender Greens or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. You may not use anyone else’s account or login information. Tender Greens shall not be liable for any loss or damage arising from your failure to comply with these obligations. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THIS APP, THE CONTENT, AND THE REWARDS PROGRAM IS AT YOUR OWN RISK. ALL PARTS OF THE APP, CONTENT AND REWARDS PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TENDER GREENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. TENDER GREENS MAKES NO WARRANTY THAT ANY PART OF THE APP, CONTENT OR REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH USE OF THE APP, CONTENT OR REWARDS PROGRAM ARE OBTAINED AT YOUR OWN RISK, AND TENDER GREENS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENDER GREENS OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENDER GREENS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF TENDER GREENS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMTIATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. International Users This App is controlled, operated, and administered by Tender Greens from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws. Privacy Please review our Privacy Policy located at https://tendergreens.com/legal-information#privacy-policy (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand Tender Greens’ privacy practices. Tender Greens allows you to control personalized results via your choice of enabling of location services and sharing of personal and non-personal information via the App. Indemnification You agree to indemnify, defend and hold harmless Tender Greens and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the App, Content or Rewards Program; (b) any information you submit or transmit through the App; (c) your violation of these Terms and Conditions; (d) your violation of any rights of any third party in connection with your use of the App; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the App. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury Please read the terms of this Section 10 (this “Arbitration Agreement”) carefully. It is part of your contract with Tender Greens and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY. (a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and Conditions, use of the App, and enrollment or participation in the Tender Greens Rewards Program that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and Conditions and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms and Conditions. (b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a "Notice") describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by via e-mail or by mail. Any Notice to Tender Greens shall be sent to either guestcare@tendergreens.com or 1201 W. 5th Street Suite T-400, Los Angeles, CA 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding. (c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Tender Greens’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. (d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules. (e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim). (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens. (g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court. (h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect. (l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens. (m) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court. (n) Claims Not Subject To Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. (o) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California. Miscellaneous (a) Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Tender Greens and you also agree to apply The California Arbitration Act (“CAA”) which regulates private arbitration in California. See Cal. Civ. Proc. Code § 1280 et seq. (b) Notice. Where Tender Greens requires that you provide an e-mail address, you are responsible for providing Tender Greens with your most current e-mail address. In the event that the last e-mail address you provided to Tender Greens is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, Tender Greens’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tender Greens only at the following address: T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, 1201 West 5th Street, Suite T-400, Los Angeles, California 90017, with a copy to guestcare@tendergreens.com. Such notice shall be deemed given when received by Tender Greens by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. (c) Waiver. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. (d) Severability. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law. (e) Export Control. You may not use, export, import, or transfer any part of the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such App, and any other applicable laws. In particular, but without limitation, no part of the App may be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the App, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the App for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tender Greens are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products or the App or any other technology of Tender Greens, either directly or indirectly, to any country in violation of such laws and regulations. (f) Electronic Communications. The communications between you and Tender Greens use electronic means, whether you use the App or send Tender Greens e-mails, or whether Tender Greens posts notices on any part of the App or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Tender Greens in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tender Greens provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. (g) Release. You hereby release Tender Greens, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the App, Content or Rewards Program, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms and Conditions or your use of the App, Content or Rewards Program. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. (h) Assignment. The Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tender Greens’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Tender Greens’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Tender Greens’ assets. (i) Force Majeure. Tender Greens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the Internet or shortages of transportation facilities, fuel, energy, labor or materials. (j) Questions, Complaints, Claims. If you have any questions or complaints with respect to the App, Rewards Program or services provided by Tender Greens, please contact us by writing to: T.Y.P. Restaurant Group, Inc. d/b/a Tender Greens, 1201 West 5th Street, Suite T-400, Los Angeles, California 90017, with a copy to guestcare@tendergreens.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. (k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210. (l) Entire Agreement. These Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. BACK TO TOP Tender Greens Logo Our Story Careers Contact Us Sustainable Life Project Blog FAQ Gift Cards DOWNLOAD THE FREE TENDER GREENS APP You asked, we made it happen. Order and earn perks - all on your phone. Learn more © 2021 TYP Restaurant Group. All Rights Reserved. LEGAL INFORMATION