EFFECTIVE DATE: 1/1/2021
You must be at least 18 years old or the age of majority in your state or country of residence, whichever is older, to use the Services. By using our Services, you accept and agree to all terms, conditions and notices contained in or referenced on the Services and these Terms. Please read these Terms carefully. They are a legally binding agreement between you and P.F. Chang’s and govern your use of the Services (however accessed or used, whether via personal computers, mobile devices, or otherwise), and any other means in which you connect with us or use the Services.
P.F. Chang’s may update or change these Terms at any time by posting or providing the most current version of the Terms through the Services. All such changes will be effective as of the new Effective Date shown. Your continued use of the Services after we post any changes to the Terms signifies your agreement to any such changes. Note that special terms or rules may apply to some Services, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms and any rules, restrictions, limitations, terms, or conditions that may be provided through the Services or otherwise communicated to you, we will determine, in our sole discretion, the order in which those items will control.
By accessing the Services, you consent to receiving these Terms in electronic form, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Modification to Services
P.F. Chang’s has the right in its sole discretion to modify, replace or delete any features, components or the appearance of the Services, including any of the websites, functionality, or Content (described below) within the Services. If you are dissatisfied with any changes made pursuant to this provision or any policies or practices of P.F. Chang’s in providing Content or any Services, your sole remedy is to stop using our Services.
2. MOBILE APPLICATION TERMS (IF APPLICABLE)
Right to Use App
Each P.F. Chang’s mobile application (an “application”) is not being sold to you. Instead, you are granted a personal, non-exclusive and non-transferable license to install and use the application on mobile devices you personally own or control. You are granted only the limited use rights to the application. For example, you may not and you may not allow a third party to decompile, reverse engineer or make copies of the application; distribute or republish, upload, post or transmit the application in any way; or transfer the application to any third party in any way, subject to applicable law. If you download software from the application, the software, including all files and images and accompanying data, are licensed to you by us or our third-party licensors.
Use of Our Application
Your mobile device must meet all the necessary technical specifications to enable you to access and use our application. You must use an appropriate device to access and use the Apple iOS, Android or other operating system used by the application. Use or modification of the application for any unlawful purpose or purpose not specified herein violates our and third-party intellectual property rights. Any and all rights in the application are and shall remain our or our licensors’ (as applicable) exclusive property. You will not take any action to jeopardize, limit or interfere with our or our licensors’ rights. Your mobile device service operator may charge fees associated with downloading, installing, accessing and using the application. Those fees are your responsibility. Neither we nor mobile carriers are liable for delays in the receipt of any SMS messages or undelivered messages. You must comply with all rules governing the application. Please use the application only when it is lawful and safe to do so.
Third Party Applications and Software
You acknowledge and agree that by downloading any application or software that allows you to access the Services, you will abide by the terms of service and/or end user license agreement furnished at the time of download, as updated from time to time. If there is any third-party software or other intellectual property embodied in the application, such material is subject to the rights, title and interest of such third party and any unauthorized use or copying is prohibited and subject to the terms of the respective third party’s end user license agreement.
These Terms incorporate the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Terms therein (“Apple Terms”). If the application that you access and use is an Apple application, the Apple application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS. You acknowledge and agree that:
- (i)Apple has no obligation at all to provide any support or maintenance services in relation to the Apple application. If you have any maintenance or support questions in relation to the Apple applications, please contact P.F. Chang’s, not Apple, using the contact information described in Section 8, below;
- (ii)although these Terms are entered into between P.F. Chang’s and you (and not Apple), Apple, as a third-party beneficiary under these Terms, will have the right to enforce these Terms against you with respect to the Apple Terms;
- (iii)except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple application are between you and P.F. Chang’s (and not between you, or anyone else, and Apple); and
- (iv)in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim.
You represent and warrant that:
- (i)you are not, and will not be, located in any country that is the subject of a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
- (ii)you are not listed on any U.S. Government list of prohibited or restricted parties; and
- (iii)if the Apple application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple application to you subject to then-current Apple terms and conditions. Subject to the foregoing and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple application or as a result of you or anyone else using the Apple application or relying on any of its content.
3. INTELLECTUAL PROPERTY RIGHTS
P.F. Chang’s owns trademarks for its Services, including without limitation, P.F. Chang’s®, P.F. Chang’s China Bistro®, and P.F. Chang’s Rewards®. These and all other P.F. Chang’s logos and service marks (collectively, “Marks”) are trademarks of P.F. Chang’s and may not be used without our prior written consent. All materials and content published on or accessible through the Services, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, software, plug-ins, data, sounds, messages, comments, and the compilation of all content included on our Services (collectively “Content”) are also owned or licensed by P.F. Chang’s and are protected by laws governing copyrights, patents, trademarks, trade secrets, and other proprietary rights, as applicable. We have granted you a license to view and use the Content subject to these Terms. Unless otherwise specified, the Content is available to you for your personal and non-commercial use only. You may not sell, modify, reproduce, display publicly or otherwise use the Content in any way for any public or commercial purpose. Any reprinting or electronic reproduction of any Content in whole or in part, for any public or commercial purpose, is expressly prohibited.
If you have a website and wish to establish temporary or permanent links from your website to the Services, you must link to our homepage only. You may not link to another location within any Services without our written permission.
There may be opportunities to post content (“User Content”) in connection with the Services. By posting User Content in connection with the Services, you certify that: (i) any information contained in the User Content is not confidential; (ii) you are the sole owner and copyright holder of the User Content (which includes all photos, videos, stories, and any other information) or you have obtained whatever rights from the copyright owners are necessary for your posting of the User Content; (iii) the User Content does not infringe any privacy or intellectual property rights of any individual or entity, including the photographer who took the photos or videos you have submitted, or identifiable persons depicted in those photos or videos; and (iv) the User Content does not contain any material that otherwise violates any law or the rights of any third party.
By submitting or posting any User Content in connection with the Services, you grant P.F. Chang’s and its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display, and distribute the User Content, in whole or in part, or in conjunction with other materials, for any purpose whatsoever, including advertising and trade purposes, to the extent permitted by law. You waive all moral rights with respect to the User Content and you acknowledge that P.F. Chang’s is relying upon, and would not use the User Content you submit in the absence of, these Terms.
We may, in our sole discretion, remove User Content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights, or reflects unfavorably on P.F. Chang’s, but have no obligation to do so. P.F. Chang’s is not liable or responsible for any User Content provided by any third parties in connection with any Services. Contributions to our Services by third parties do not necessarily represent the view or opinions of P.F. Chang’s. P.F. Chang’s may or may not preview User Content before it appears in connection with our Services. Users can be held liable for any illegal or prohibited User Content they provide to the Services, including among other things, infringing, defamatory, or offensive materials. If you discover this kind of material on the Services, please promptly notify us at email@example.com so that we may investigate and take appropriate action.
Digital Millennium Copyright Act
P.F. Chang’s has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512 (the “DMCA”), and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content in connection with the Services that allegedly infringes another person’s copyright.
Filing a Complaint
If you believe any materials on the Services infringe a copyright, you should provide us with a request to take down the allegedly infringing material in the form of a written letter, sent by regular mail only (“DMCA Takedown Notice”), which at a minimum includes:
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”), which at a minimum includes:
- Identification of the copyrighted work that was removed by P.F. Chang’s and the location at which the work appeared before it was removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. District Court for the federal judicial district in which your address is located, or New York if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive a DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent addressed as follows:
P.F. Chang’s China Bistro, Inc.
Attn: Legal Department
8377 East Hartford Drive
Scottsdale, AZ 85255
Fax: (480) 888-3002
You should contact the DMCA Agent only for delivering copyright infringement notices and counter notifications. The DMCA Agent will not answer any other inquiries.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of the Services is at your sole risk. Neither P.F. Chang’s, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Providers”), warrant that the Services will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, or any harmful, invasive, or malicious codes or programs (collectively, “malicious content”) or any other defects. The information, products, and services published on our Services may contain inaccuracies or typographical errors. Providers make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Services. From time to time, the prices of our food in our restaurants may be higher or lower than those prices available through the Services. The prices displayed on the menu at each restaurant location will govern the price you will pay for in-restaurant orders at that location, and the prices available through the Services will govern the price you will pay for orders made through the Services.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, P.F. CHANG’S AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER P.F. CHANG’S NOR ANY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES, OR THAT YOUR USE OF THE SERVICES WILL OTHERWISE MEET YOUR EXPECTATIONS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER P.F. CHANG’S NOR ANY PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INACCESSIBLE DUE TO, OR INTERFERED WITH BY, NUMEROUS FACTORS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER P.F. CHANG’S NOR ANY PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF P.F. CHANG’S OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM P.F. CHANG’S, THE PROVIDERS, OR THE SERVICES, AND WILL APPLY TO ALL DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, MALICIOUS CONTENT, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO P P.F. CHANG’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT P.F. CHANG’S OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE ON OR THROUGH THE SERVICES OR P.F. CHANG’S.
SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, FROM MISTAKES IN THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
SPECIAL STATE DISCLOSURES
NEW JERSEY RESIDENTS: The following are modifications to the provisions in this Section 4 and apply only to consumers who are residents of New Jersey. Except as modified below, the provisions in Section 4 above remain unchanged and applicable to New Jersey residents:
P.F. Chang’s disclaimers or waiver of liability for damages incurred by you for any interruption, malfunction, impossibility of access, or poor conditions of the Services or for any other reason will not apply to damages directly caused by P.F. Chang’s gross negligence or willful misconduct. In addition, P.F. Chang’s disclaimer of warranty as to mistakes, omissions, interruptions, deletion of files or email, errors, defects, malicious content, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to P.F. Chang’s records, programs, or services (excluding third party content or information) is not applicable. However, P.F. Chang’s does not guarantee that the use of the Services will meet your expectations.
P.F. Chang’s limitation of liability does not apply to you for damages arising out personal injury, property damage, negligence or willful misconduct or any other cause of action arising from the acts of P.F. Chang’s but does apply to the acts or omissions of third parties. P.F. Chang’s aggregate liability for all claims under any circumstances will not exceed the lesser of $1,000.00 or your actual, out of pocket costs and damages. For the avoidance of doubt, in no event will P.F. Chang’s be liable for special, incidental, or consequential damages as stated in these Terms.
CALIFORNIA RESIDENTS: If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
5. USE OF SERVICES
You agree to use the Services only for lawful purposes. Without limitation, you may not use the Services for any of the following: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering with, disrupting, or attempting to gain unauthorized access to other accounts within the Services or any other computer network; (vii) disseminating or transmitting malicious content; (viii) damaging, disabling, overburdening, or impairing any P.F. Chang’s server, or the network(s) connected to any P.F. Chang’s server, or interfering with any other party’s use and enjoyment of any Services; (ix) gaining unauthorized access to any Services, accounts, computer systems or networks connected to any P.F. Chang’s server or to any Services through hacking, cracking, distribution of counterfeit software, password mining or any other means; (x) reverse engineering, decompiling or disassembling any software accessed through the Services; (xi) discussing the mechanics of sweepstakes, contests, or similar promotions available on or through the Services with the intent of manipulating, corrupting or otherwise affecting the outcome of any such promotions, or posting, uploading, transmitting, sending, or otherwise making available any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, or limitations applicable to such promotion; or (xii) engaging in any other activity deemed by P.F. Chang’s in its sole discretion to be in conflict with the spirit or intent of the Services.
P.F. Chang’s reserves the right to monitor all network traffic to the Services. P.F. Chang’s may block unauthorized attempts or intrusions to upload or change information or cause damage to the Services in any fashion. Anyone using the Services expressly consents to such monitoring.
We may terminate your access to the Services immediately without notice if, in our sole discretion, you fail to comply with any term or provision of these Terms.
The Services can be accessed from locations around the world. P.F. Chang’s makes no representations that the Services, or the content available through the Services, are appropriate for use at other locations outside the United States. Access to the Services from locations where the Services or any of content of the Services is illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local and international laws.
If you use the Services, you are responsible for restricting access to your computer and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services, including email address, credit card number, and other payment-related information.
P.F. Chang’s may refuse service or decline orders for any reason. As a condition to accepting payment, P.F. Chang’s may, in its sole discretion, require you to provide written verification and proof of your identity by supplying us with a copy of government-issued photo identification.
Data Collection Policy
No party unaffiliated with P.F. Chang’s may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission.
6. RESOLUTION OF DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act (“FAA”).
Resolution of any Dispute
If a dispute arises between you and P.F. Chang’s, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our toll-free number: 1-866-732-4264
Or write to us at:
P.F. Chang’s China Bistro, Inc.
Attn: Guest Relations Manager
8377 East Hartford Drive
Scottsdale, AZ 85255
If, however, there is any remaining issue that needs to be resolved, these Terms describe how both of us will proceed:
YOU AND P.F. CHANG’S AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS BINDING ARBITRATION. INSTEAD OF SUING IN COURT, YOU AND P.F. CHANG’S EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO P.F. CHANG’S INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. This arbitration provision is intended to be broadly interpreted. It includes arbitrable claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claims”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver
YOU AND P.F. CHANG’S EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver
Any arbitration under these Terms shall be conducted by a single arbitrator who shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to P.F. Chang’s shall be sent to the following address: P.F. Chang’s China Bistro, Inc., 8377 East Hartford Drive, 2nd Floor, Scottsdale, AZ 85255. All notices to you will be sent to the email provided in your account. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or P.F. Chang’s may commence an arbitration proceeding. Unless otherwise agreed to by you and P.F. Chang’s in writing, the arbitration of any Claim under these Terms shall be referred to JAMS under its rules and procedures, be decided before a single arbitrator with substantial experience in the internet industry, and will follow substantive law in adjudicating the dispute, except that this Section will be construed as a written agreement to arbitrate pursuant to the FAA. You and P.F. Chang’s agree that this Section satisfies the writing requirement of the FAA. The JAMS rules are available on its website at www.jamsadr.com. The arbitration of any Claim shall be conducted in the State of Arizona, and for any non-frivolous Claim that does not exceed $10,000, P.F. Chang’s will: (1) pay all costs of the arbitration; (2) if you prefer, will conduct the arbitration by telephone; and (3) will not seek attorneys’ fees in the event P.F. Chang’s prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses. To the extent this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard will control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
Choice of Law
Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against P.F. Chang’s (except for small claims actions) may be commenced only in the federal or state courts of Arizona. You hereby consent to the jurisdiction of those courts for such purposes.
Resolution of Disputes for Non-U.S. Residents
If any controversy, allegation, or Claim (including any non-contractual Claim) arises out of or relates to the Services or Terms and you are a non-U.S. resident, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to P.F. Chang’s China Bistro, Inc., 8377 East Hartford Drive, 2nd Floor, Scottsdale, AZ 85255. For a period of sixty (60) days from the date of receipt of notice from the other party, P.F. Chang’s and you will engage in a dialogue in order to attempt to resolve the dispute in good faith, though nothing will require either you or P.F. Chang’s to resolve the dispute on terms either you or P.F. Chang’s, in each of our sole discretion, deem unsatisfactory. Nothing in this Section will prevent a party from pursuing their Claim in court or another complaint process.
If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination such as P.F. Chang’s Rights, Legal Notices, Resolution of Disputes, and General, shall survive any such expiration or termination.
If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms.
U.S. Export Controls
Any software from our Services shall be not be exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Iraq, Libya, Crimea – Region of Ukraine, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Permission to Contact You
When you provide us with contact information, such as an email address or telephone number, in connection with our Services, you agree that this action establishes a business relationship giving us permission to communicate with you using your contact information. This means you may be contacted in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, push notification, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving, in accordance with applicable law. You expressly authorize us and our service providers to communicate with you about our Services using the information you provided to us. You attest that you have the legal authority to provide us and/or third parties with the authorization to contact you. Please be sure to give us updated contact information; you are solely responsible for the accuracy of for any the contact information you provide to us.
No Liability for Accumulated Content
When using the Services, you may accumulate content that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in our sole discretion with or without notice and with no liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content, you have no ownership rights in your account and, if your account is terminated or deactivated, all your account information may be deleted. P.F. CHANG’S AND ITS AFFILIATES DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY ACCOUNT INFORMATION RESIDING ON P.F. CHANG’S SERVERS AND HAVE THE RIGHT TO DELETE SUCH ACCOUNT INFORMATION AT ANY TIME FOR ANY REASON.
These Terms and the policies incorporated herein are the entire agreement between you and P.F. Chang’s. They supersede any and all prior or contemporaneous agreements between you and P.F. Chang’s relating to your use of the Services. P.F. Chang’s may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of P.F. Chang’s to partially or fully exercise any rights, or the waiver of P.F. Chang’s of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by P.F. Chang’s or be deemed a waiver by P.F. Chang’s of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of P.F. Chang’s under these Terms and any other applicable agreement between you and P.F. Chang’s shall be cumulative.
8. QUESTIONS OR COMMENTS
If you have any questions or comments concerning these Terms, you may contact us by sending an email with your inquiry and current contact information to firstname.lastname@example.org, or by sending your inquiry in writing with your current contact information to:
P.F. Chang’s China Bistro, Inc.
Attn: Guest Relations Manager
8377 East Hartford Drive
Scottsdale, AZ 85255
Copyright © 2019, P.F. Chang’s China Bistro, Inc. All rights reserved.