Terms of Use
FIREBIRDS WOOD FIRED GRILL
TERMS OF USE
Last Updated: October 14, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
These Terms of Use (“Terms”) apply to your use of the Company’s websites on which we have posted these Terms, including online, in-restaurant, mobile, or social locations (collectively, the “Sites”), as well as the Company’s collection, use, processing or retention of your information, and participation in the Company’s e-mail, SMS and marketing campaigns. The Sites are operated by Firebirds International, LLC or our affiliates (collectively, “Firebirds” or “Company”). Throughout the Sites and these Terms, the terms “we,” “us” and “our” refer to Company. The Company offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. These Terms are a contract between you and us. Your access to or use of any Site, or your participation in the Company’s email, SMS, or marketing campaigns, constitutes your acceptance of and agreement to be bound by these Terms.
Accuracy, Completeness and Timeliness of Information on the Sites: Company is not responsible if information made available on the Sites is not accurate, complete or current. The materials on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, or other sources of information that are more accurate, complete or current. Any reliance on the material on the Sites is at your own risk. The Sites may include historical information, which by its nature is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
Use of Materials on the Sites: ALL CONTENT ON THE SITES (INCLUDING, WITHOUT LIMITATION, TEXT, DESIGN, GRAPHICS, LOGOS, ICONS, IMAGES, AUDIO CLIPS, DOWNLOADS, INTERFACES, CODE AND SOFTWARE, AS WELL AS THE SELECTION AND ARRANGEMENT THEREOF) IS THE EXCLUSIVE PROPERTY OF AND OWNED BY COMPANY, ITS LICENSORS, OR ITS CONTENT PROVIDERS AND IS PROTECTED BY COPYRIGHT, TRADEMARK AND OTHER APPLICABLE LAWS. USE OF CONTENT ON THE SITES, INCLUDING BUT NOT LIMITED TO THE MODIFICATION, DISTRIBUTION, TRANSMISSION, PERFORMANCE, BROADCAST, PUBLICATION, UPLOADING, LICENSING, REVERSE ENGINEERING, TRANSFER OR SALE OF, OR THE CREATION OF DERIVATIVE WORKS FROM, ANY MATERIAL, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED FROM THE SITES, OR USE OF THE SITES FOR PURPOSES COMPETITIVE TO COMPANY, IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. COMPANY RESERVES THE RIGHT TO REFUSE, TERMINATE OR CANCEL ANY PERSON’S REGISTRATION FOR THE SITES, AND REMOVE ANY PERSON FROM THE SITES OR PROHIBIT ANY PERSON FROM USING THE SITES FOR ANY REASON WHATSOEVER. TERMINATION OF YOUR ACCESS OR USE WILL NOT WAIVE OR AFFECT ANY OTHER RIGHT OR RELIEF TO WHICH COMPANY MAY BE ENTITLED AT LAW OR IN EQUITY. COMPANY, OR ITS LICENSORS OR CONTENT PROVIDERS, RETAIN FULL AND COMPLETE TITLE TO THE MATERIAL PROVIDED ON THE SITES, INCLUDING ALL ASSOCIATED INTELLECTUAL PROPERTY RIGHTS, AND PROVIDE THIS MATERIAL TO YOU UNDER A LICENSE THAT IS REVOCABLE AT ANY TIME IN COMPANY’S SOLE DISCRETION. COMPANY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE SITES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT AFFILIATED WITH COMPANY. YOU MAY NOT USE CONTACT INFORMATION PROVIDED ON THE SITES FOR UNAUTHORIZED PURPOSES, INCLUDING MARKETING. YOU MAY NOT USE ANY HARDWARE OR SOFTWARE INTENDED TO DAMAGE OR INTERFERE WITH THE PROPER WORKING OF THE SITES OR TO INTERCEPT ANY SYSTEM, DATA, OR PERSONAL INFORMATION FROM THE SITES. YOU AGREE NOT TO INTERRUPT OR ATTEMPT TO INTERRUPT THE OPERATION OF THE SITES IN ANY WAY.
Communications: Company communications will be conducted through various channels, including but not limited to, in-restaurant devices, the Sites, email and SMS/text. If you provide Company with your mobile telephone number and/or opt-in for promotional purposes, you agree that Company may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text “HELP” to any text message you receive or contact (800) 975-1066 for customer support. To quit, text “STOP” to any text message you receive. If you reply “STOP” Company may send you an additional message confirming your “STOP” request. Text messages may not be available on all mobile carriers. See PRIVACY POLICY for privacy related questions. If you sign-up for additional mobile programs in connection with Company you may receive additional messages in connection with such program. Company may also send you marketing and promotional e-mails, subject to your marketing preferences. You may opt-out of such commercial e-mails at any time, for example by clicking the “Unsubscribe” link in the footer of our e-mail communications or by adjusting your e-mail preferences in your profile settings. Please note that even if you opt out of Company marketing and promotional e-mails, we may still send you transactional and other non-commercial e-mails to you, such as important notices and order confirmations.
Materials You Submit: You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites or through other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites. If you do submit material, and unless we indicate otherwise, you grant Company an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Company is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Company. You grant Company the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from content you supply.
Conduct on the Sites: Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current and complete information about yourself and agree to our PRIVACY NOTICE.
Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Company immediately. Company may assume that any communications Company receives under your password have been made by you unless Company receives notice otherwise. You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Company’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Company’s express written consent.
Links: The Sites may contain links to other websites, some of which are operated by Company and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights: Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Company reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.
DISCLAIMERS:
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Firebirds reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Firebirds in the defense of such matter.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Last Updated: October 14, 2026
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.
THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION AND ARBITRATION AGREEMENT APPLY TO ANY AND ALL DISPUTES, CLAIMS, DISAGREEMENTS, OR CONTROVERSIES BETWEEN YOU AND FIREBIRDS, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, EQUITYHOLDERS, REPRESENTATIVES, AGENTS, AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH DISPUTE AROSE (EACH, A “DISPUTE”), INCLUDING BUT NOT LIMITED TO:
DISPUTES ARISING OUT OF OR RELATED TO THE COMPANY’S WEBSITE OR MOBILE APPLICATION, TO THE USE OR ACCESS THEREOF, TO COMPANY’S ADVERTISING, AND TO COMPANY’S PRODUCTS, SERVICES, MATERIALS, PROGRAMS, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY COMPANY (COLLECTIVELY, THE “SERVICES”);
DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING WITHOUT LIMITATION, THOSE relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and the Arbitration Agreement; AND
DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR ARBITRATION AGREEMENT.
- Mandatory Individual Arbitration
Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth in subsection 4 below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred.
Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Company each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the State of North Carolina to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Company against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration.
Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. If a Dispute qualifies for small claims court, but you or Company commences an arbitration proceeding, you and Company agree that either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party’s election, NAM (or ADR Services, as applicable) will administratively close the arbitration proceeding. Any disagreement about whether a Dispute qualifies for small claims court shall be resolved by that small claims court, and not by an arbitrator. In the event of any such disagreement, the arbitration proceeding shall remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration.
If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
If you or Company files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
- Class Action / Jury Trial Waiver
You and Company agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and Company may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and Company may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and Company may participate in a class-wide settlement.
- Arbitration Opt-Out Procedures
You may opt out of this Arbitration Agreement. To do so, you must email [email protected] a notice (“Opt-Out Notice”) no later than 30 days after you first agreed to this Arbitration Agreement (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement.
If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you, including the Non-Arbitral Disputes Governing Law and Mandatory Forum Selection set forth below in subsection 6. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them, including subsequent agreements to arbitrate. In other words, opting out of this Arbitration Agreement shall have no effect on any other arbitration agreements you entered into with Company.
If Company makes any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Company will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to Company at [email protected] within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Company. This is not an opt out of arbitration altogether. Your continued use of the Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.
- Rules and Governing Law for Arbitration
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Company each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to Company must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the Services, including whether claimant receives any emails associated with the Services, and whether claimant has made a purchase from Company (and if so, the date(s) of the purchase(s)); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Company will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution.
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures subsection is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Company have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
Mandatory Arbitration Procedures: If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Company each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to National Arbitration and Mediation (www.namadr.com), for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures and, as applicable, Mass Filing Supplemental Dispute Resolution Rules and Procedures, then in effect (“NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed.
A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/. For additional information on how to commence an arbitration proceeding, you can contact NAM at [email protected].
If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA governs the interpretation and enforcement of this Arbitration Agreement and any proceedings under it. The FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. To the extent neither the FAA nor the NAM Rules or ADR Services Rules (as applicable) govern a particular issue, that issue will be governed by the laws of the State of North Carolina without regard to choice or conflict of law principles, except that, for residents of California, the laws of the State of California will so govern.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and Company agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 100 demands for arbitration of a substantially similar nature, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) if between only 25-99 demands for arbitration of a substantially similar nature are filed, then these demands will be treated as one batch; (iii) NAM shall provide for concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iv) following such determination of a mass filing, NAM shall apply a single set of initial admin, panel prep, and final admin fees per batch in accordance with NAM’s mass arbitration fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes concurrently in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement, and in accordance with the Mass Filing Procedures set forth above (except that batches may be of at least 100 demands for arbitration). ADR Services shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.
Company reserves all rights and defenses as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.
Arbitration Fees: If you do not timely pay any required fees to NAM or ADR Services (as applicable), any refusal by us to pay such fees on your behalf shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect. Any disputes over arbitration fees shall be resolved by NAM or ADR Services (as applicable).
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.
- Severability & Survival
If any provision or portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then it shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
This Arbitration Agreement shall survive termination of these Terms. Except as provided in subsections 1 and 3 above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Company.
- Non-Arbitral Disputes Governing Law & Mandatory Forum Selection
If (i) you timely provide a valid Opt-Out Notice as provided above, and you are not bound to any previous or other arbitration agreements with us; or (ii) any Dispute is determined not to be subject to arbitration or resolution; or (iii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Class Action/Jury Trial Waiver, as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above; then you and Company each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the federal or state courts of competent jurisdiction in the State of North Carolina, and any such Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the State of North Caroliina, without regard to choice or conflict of law principles.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES IS COMPANY LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
CHANGES TO THESE TERMS OF USE:
The Company reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the relevant Sites. There is no duty on Company to send you additional methods of notice of changes. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Sites after that point signifies that you accept the changes.
ENTIRE AGREEMENT AND ADMISSIBILITY:
This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY:
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
HOW TO CONTACT US:
If you have any questions or comments about these Terms or the Sites, please click on the “Contact Us” link on this webpage and follow the instructions.