TERMS OF USE

TERMS OF USE

 

EFFECTIVE DATE: April 28, 2026

These Terms of Use (the “Terms”) govern your access and use of all services provided by P.F. Chang’s China Bistro, Inc. (“P.F. Chang’s,” “we,” “our,” or “us”), including our websites, applications, and products (collectively, the “Services”). Please read these Terms carefully. They are a legally binding agreement between you and P.F. Chang’s and govern your access and 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 access or use the Services. By accessing or using our Services, you accept and agree to all terms, conditions and notices contained in or referenced on the Services and these Terms.

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND P.F. CHANG’S TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION (WHERE THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT) AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

1. ACCEPTANCE OF TERMS OF USE AND NON-TRANSFERABILITY

Age Requirements

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.

Binding Agreement

Each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to any provisions of these Terms, you must discontinue accessing or using the Services. By accessing or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and perform legal agreements and abide by these Terms. P.F. Chang’s may change any Services without prior notice.

Updates to Terms of Use

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. Unless as otherwise provided in these Terms, your continued access or 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.

Electronic Communications

By accessing or using 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.

Information Collected

Information collected from your installation and use of the application, your ability to access that information, and your choices for receiving communications from us are set forth in our Privacy Policy.

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.

Apple Terms

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

Proprietary Rights

P.F. Chang’s owns trademarks for its Services, including without limitation, P.F. Chang’s®, P.F. Chang's, 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.

Linking

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.

User-Generated Content

There may be opportunities to post content (“UGC”) in connection with the Services. Our detailed User-Generated Content Terms and Conditions (“UGC Terms”) are found here. Below are general terms relating to our use of your UGC.

By submitting or posting UGC in connection with the Services, you represent and warrant that (i) any information contained in the UGC is not confidential; (ii) you are the sole owner and copyright holder of the UGC (which includes all photos, images, graphics, videos, stories, testimonials, audio files, and any other information) or you have obtained whatever rights from the copyright owners are necessary for your posting of the UGC; (iii) the UGC 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; (iv) the UGC complies with all applicable terms of use and standards of conduct on the website or platform posted, with these Terms, and with the additional UGC Terms; and (v) P.F. Chang’s use of the UGC as permitted herein will not violate any applicable laws or violate or infringe the rights of any third party, including without limitation any copyright, trademark, right of privacy, right of publicity, or other personal or proprietary right or applicable standard of conduct. You further represent and warrant that any testimonials or statements contained in the UGC are given by you voluntarily, are true and accurate, and reflect your honest opinions, findings, beliefs, experiences and sentiments.

By submitting or posting any UGC in connection with the Services, you grant P.F. Chang’s and its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives (collectively “Licensees”), an absolute and irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, publish, display, distribute, and otherwise use the UGC in any manner, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or hereafter invented, including but not limited to Licensees’ websites and social media pages (e.g., Facebook, Twitter, YouTube, Instagram, TikTok, LinkedIn), worldwide, in perpetuity, for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of P.F. Chang’s and/or its or its affiliates’ products and services. This license to use your UGC also includes the right to change, edit, and modify your UGC and any element or component thereof in any way without your permission or approval. You waive any right to inspect or approve use of UGC by P.F. Chang’s as described herein. You agree that all right, title and interest in and to the finished product in which your UGC may appear, including the copyright therein, shall vest exclusively in P.F. Chang’s. We have no obligation to utilize your UGC, and we, in our sole discretion, may remove or refuse to post your UGC (to the extent within our control). We will make commercially reasonable efforts to recognize you for your content and provide a link back to your content or account, but we are not obligated to do so (and your permission for us to use your UGC is not dependent upon such recognition). You agree that Company does not owe you any compensation, payment, or royalties in connection with your UGC. You waive all moral rights with respect to the UGC. You grant Licensees the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your UGC.

You acknowledge that P.F. Chang’s is relying upon, and would not use the UGC you submit in the absence of, your agreement to the UGC Terms.

We may, in our sole discretion, remove UGC 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 UGC provided by any third parties in connection with any Services. Contributions to our Services by third parties do not necessarily represent the views or opinions of P.F. Chang’s. P.F. Chang’s may or may not preview UGC before it appears in connection with our Services. Users can be held liable for any illegal or prohibited UGC 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 guestservices@pfcb.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
Attn: Legal Department
8377 East Hartford Drive
2nd Floor
Scottsdale, AZ 85255
legal@pfchangs.com
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 access and 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 PERMITTED 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 ACCESS OR 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 ACCESS OR 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 ACCESS OR 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). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY DISPUTE OR CLAIM MUST BE PROVIDED TO YOU (IF IT IS OUR DISPUTE OR CLAIM WITH YOU) OR TO P.F. CHANG’S (IF IT IS YOUR DISPUTE OR CLAIM WITH US) WITHIN ONE YEAR OF ITS ACCRUAL, OR IT IS FOREVER WAIVED AND TIME BARRED.

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:To the fullest extent permitted by applicable law, 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

Online Conduct

You agree to access or use the Services only for lawful purposes. Without limitation, you may not access or 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.

Monitoring

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.

Termination

We may terminate your access to or use of the Services immediately without notice if, in our sole discretion, you fail to comply with any term or provision of these Terms.

International Users

The Services can be accessed or used 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 or use of the Services from locations where the Services or any of content of the Services is illegal is prohibited. If you access or use the Services from a location outside the United States, you are responsible for compliance with all local and international laws.

Security

If you access or 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.

Payment Verification

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.

Third-Party Links

The Services may contain links to third-party websites. These websites are not under the control of P.F. Chang’s, and the existence of a link from the Services does not imply any endorsement of the linked websites by P.F. Chang’s or any affiliation between P.F. Chang’s and the owners of the linked websites. P.F. Chang’s makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that P.F. Chang’s has no responsibility to you with respect to such material. P.F. Chang’s encourages you to examine the privacy policies and terms of use of any third-party website.

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. DISPUTE RESOLUTION: INDIVIDUAL ARBITRATION, CLASS ACTION WAIVER & JURY TRIAL WAIVER (“ARBITRATION AGREEMENT”)

Please read this Dispute Resolution section carefully. It affects your legal rights. It provides for the resolution of most Disputes (defined below) through individual arbitration instead of in court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a jury trial waiver, and a waiver of any and all rights to proceed in a class, collective, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

This Arbitration Agreement shall survive any termination of these Terms.

Governing Law and Venue

These Terms and the access and use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act (“FAA”) and federal arbitration law (not state arbitration law).

If the Arbitration Agreement is ever deemed unenforceable or void in its entirety or a dispute or claim between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the courts encompassing New Castle County, Delaware, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

Customer Service

If a Dispute arises between you and P.F. Chang’s, we want to provide you and P.F. Chang’s 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
Attn: Guest Relations Manager
8377 East Hartford Drive
2nd Floor
Scottsdale, AZ 85255

If, however, there is any remaining issue that needs to be resolved, these Terms describe how both of us will proceed in connection with resolving any Dispute between you and P.F. Chang’s:

Individual Arbitration

(a) ARBITRATION. THIS PROVISION IS INTENDED TO BE INTERPRETED BROADLY. ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, YOUR ACCESS OR USE OF THE SERVICES, YOUR PURCHASES, OR YOUR RELATIONSHIP WITH P.F. CHANG’S OR ANY PAST, PRESENT, OR FUTURE SUBSIDIARY, PARENT OR AFFILIATE COMPANY OR COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, (“DISPUTE”) AND WHETHER SUCH DISPUTES AROSE BEFORE, ON, OR SUBSEQUENT TO YOU ENTERING THESE TERMS, WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, EXCEPT THAT EITHER YOU OR P.F. CHANG’S MAY TAKE A DISPUTE TO SMALL CLAIMS COURT SO LONG AS IT ISN'T REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION. You and P.F. Chang’s agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, scope, validity, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement, including its class action waiver and jury trial waiver, is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. If a small claims court election is made after a Dispute is filed in arbitration, the arbitration provider shall dismiss the filing and direct the filing party to initiate the Dispute in small claims court.

Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except those that are expressly reserved for a court in these Terms, which are for a court of competent jurisdiction to decide. You and P.F. Chang’s agree that these Terms evidence a transaction in interstate commerce and that this Arbitration Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law (not state arbitration law) as set forth above.

Class Action Waiver and Jury Trial Waiver

YOU AND P.F. CHANG’S EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. Notwithstanding the foregoing class action waiver that applies whether in arbitration or in litigation, the parties retain the right to participate in a class-wide settlement. If the foregoing Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void, and you and P.F. Chang’s shall be deemed not to have agreed to arbitrate Disputes.

(b) Mandatory Informal Dispute Resolution Process: You and P.F. Chang’s agree to work together in an effort to informally resolve any Dispute between us. In the event of a Dispute, the party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) the facts giving rise to the Dispute, including, as applicable, information sufficient to identify any restaurant location, transaction, and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a good faith calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to P.F. Chang’s at privacy@pfchangs.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a P.F. Chang’s representative will personally attend (with counsel, if represented). The conference may be conducted by remote means and will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.

(c) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of JAMS, including the JAMS Streamlined Arbitration Rules and Procedures and any JAMS Mass Arbitration Procedures and Guidelines applicable to the Dispute (the “JAMS Rules”), as modified by this Arbitration Agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator or an arbitrator that will do so. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a P.F. Chang’s representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location, including by telephone or other remote means. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable.

Unless otherwise prohibited by law, an arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory 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 claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

(d) Costs of Arbitration. Payment of arbitration fees will be governed by the JAMS Rules and applicable fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with JAMS regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

(e) Additional Procedures for Mass Arbitration (Batch Arbitration). You and P.F. Chang’s agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by P.F. Chang’s against you and other customers or by you and others against P.F. Chang’s and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You understand and agree that by choosing to participate in a mass arbitration, the resolution of your Dispute might be delayed. If this Batch Arbitration provision is triggered, then JAMS shall:

1. appoint a process administrator through a strike-and-rank process to address threshold issues and to apply these procedures set forth in these Terms and to “ensure procedural fairness and integrity of the ADR process” as outlined by JAMS; administer the arbitration demands in batches of up to 100 demands in any batch (the precise number to be determined by a JAMS procedural arbitrator; in deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands);

2. appoint a single, different arbitrator for each batch to be selected through a strike-and-rank process unless the parties agree otherwise; and

3. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, and one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties unless the arbitrator determines that separate hearings are appropriate.

In addition:

4. You and P.F. Chang’s agree that if the Dispute is subject to this Batch Arbitration process, you and a P.F. Chang’s representative will personally appear at any hearing (with counsel, if you and we are represented).

5. You and P.F. Chang’s (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and P.F. Chang’s (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.

6. You and P.F. Chang’s agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible and that if your claim is delayed, any applicable limitations periods (including any statutes of limitations) are tolled from the date of filing with JAMS consistent with the above until your Dispute is adjudicated, resolved, or withdrawn;

7. Arbitrators appointed pursuant to this Batch Arbitration provision shall issue a separate award for each claimant involved in a batch proceeding; and

8. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

The Additional Procedures for Mass Arbitration (Batch Arbitration) provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms including this Dispute Resolution section.

(f) Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice containing your name, address, and email address, along with a statement that you wish to opt out of the changes to the Arbitration Agreement, to the following address within thirty (30) days the change became effective, as indicated in the Effective Date above: privacy@pfchangs.com. Such notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and P.F Chang’s in accordance with the Arbitration Agreement as of the date you first accepted the Terms or accepted by subsequent changes to the Terms.

(g) Optional Appeal. You and P.F. Chang’s agree that the JAMS Optional Appeal Procedures shall apply where there is an award of greater than $100,000, which can be in a single arbitration or the cumulative amount of awards in any one batch arbitration, or includes injunctive relief.

(h) Opt-Out Procedures

You can choose to reject this Arbitration Agreement by sending P.F. Chang’s a written opt-out notice within thirty (30) days following the date you first agree to these Terms to: privacy@pfchangs.com. If mailed, the opt-out notice must be postmarked no later than thirty (30) days following the date you first agree to these Terms. To be effective, the opt-out notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with P.F. Chang’s.

Resolution of Disputes for Non-U.S. Residents

If any controversy, allegation, or Dispute (including any non-contractual Dispute) 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, 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.

7. MISCELLANEOUS

Survival

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, Disclaimer of Warranties and Limitation of Liability, Dispute Resolution, and General, shall survive any such expiration or termination.

Severability

Except as otherwise provided in these Terms, 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.

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 via automatic telephone dialing system or other automated system for the selection or dialing of telephone numbers), 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 any the contact information you provide to us.

Calls and Text Messages

From time to time, we may invite you to receive communications from us via telephone calls, SMS text messages or similar technologies (including via automatic telephone dialing system or another automated system for the selection or dialing of telephone numbers). These communications may be initiated by us or our representatives (when communicating on our behalf and under our direction). They may include communications to confirm, process and notify you about the status or location of an order you place with us, provide a receipt, or be initiated for other customer service, account-related, or marketing purposes, subject to our receipt of any consents from you required by applicable law. Message and data rates may apply. Message frequency will vary. To stop receiving text messages from a short code operated by P.F. Chang’s, reply STOP to any message received from the short code. You agree that we may send you a message to confirm your receipt of your STOP request. For assistance with any text message issues, reply HELP to any text message you receive. You can also contact our customer support team by clicking “contact us” on our homepage and following the instructions or by or emailing us at privacy@pfchangs.com. Text messaging may not be available in all areas, on all devices, or when you use certain wireless carriers. P.F. Chang’s and wireless carriers are not liable for delayed or undelivered messages. Text message services are provided on an AS-IS, AS-AVAILABLE basis. Data obtained from you in connection with text message services may include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We will handle this data as described in our Privacy Policy. Your wireless carrier and other service providers may also collect data about your text message usage, and their practices are governed by their own policies. You promise that all information you provide through the Services (including but not limited to your telephone number(s) and other contact information) will be accurate, current and truthful to the best of your knowledge. You also promise that you are the owner or authorized user of the wireless device you use to subscribe for text messages, and that you are authorized to approve the applicable charges.

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.

Entire Agreement

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 guestservices@pfcb.com, or by sending your inquiry in writing with your current contact information to:

P.F. Chang's

Attn: Guest Relations Manager
8377 East Hartford Drive
2nd Floor
Scottsdale, AZ 85255