Terms of Use

Complete Agreement

ECOMMERCE

Some of our Sites may allow you to purchase products directly on them ("eCommerce Sites").
We reserve the right to deny a refund , and/or issue a rewards credit to your Account on the Site in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

Orders

We: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.

Taxes: If we are legally required to collect sales tax or other fees on your orders, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Methods: We enable you to make purchases by adding a credit card to your Chopt Account. Credit cards must be issued in the United States bearing the trademarks of MasterCard International Inc., Visa Inc., American Express, and/or Discover, and also purchases via certain mobile payment providers (collectively, “Payment Method”). By linking a Payment Method to your Account, you represent to Chopt that you are an authorized user of the Payment Method. You may change the Payment Method associated with your Account at any time. You agree to provide valid and current, non-expired, payment information at all times.

Payment Processing: By adding a Payment Method to your Chopt Account, you authorize Chopt to charge your Payment Method as necessary to complete payment for all purchases made with your Account. You agree to have your Payment Method billed for the total transaction, less any discounts in connection with your purchase. This includes transactions for Digital Gift Cards. Chopt reserves the right to impose limits, without notice, on the amount of transactions you make.

If the charge is rejected or fails, Chopt may charge your Payment Method again at a later time without advance notice to you.

In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your Chopt Account, you also authorize a credit to your Payment Method by Chopt to execute that transaction.

All purchases, orders, and charges authorized via Chopt are also subject to the terms and conditions set forth by the entities that issue your Payment Method. You are responsible for complying with those terms and conditions, and the payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor's terms and your information may be subject to their privacy practices.

Refunds

Some eCommerce Sites sell products for which we allow a refund; meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service team. We reserve the right to only issue a refund in our sole discretion regardless of what an eCommerce Site may indicate. Refunds will not be issued for products that have not been purchased directly through the Site.

Timing: For refund eligible products, you have 30 days from the date of shipment to contact us for a full refund of the purchase price. Following such 30-day period, no product is eligible for a refund. However, even after 30 days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.

Conditions: Your refund is subject to the following conditions:

• To request a refund, you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a refund through your Account or through other functionality.
• In your refund request, you must indicate the specific product with which you are not satisfied and include your order number (if available), order date, location, name, and contact information, as well as the reason for your refund request.
• If we accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

Promo Codes and Discounts

Certain Sites create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions; they must be provided at the time of purchase. Promo codes and discounts may have specific terms and conditions for use (for example, a promo code may not be combined with other offers or Rewards). Offers have no cash exchange value, are not transferable, and will not be refunded at any time. It is your responsibility to review the terms and conditions for any promo code or discount before use. Offers may not be accepted at some Chopt locations. All Offers have an expiration date unique to the Offer. The expiration date will appear within the Chopt Rewards account, in the “Loyalty” and/or “Rewards” screens. Chopt Rewards members must download the latest versions of the Chopt App at any time in order to see accurate details, and Chopt is not responsible for customers who do not download the newest version of the app and therefore do not see the expiration details.

Loyalty Offers including Points also have an expiration date. Unless otherwise specified, expiration dates are final and will not be adjusted. Only consumers can use promo codes; they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

Reward and Loyalty Programs

Terms Applicable to All Reward Programs

Chopt offers a program where you may receive benefits in connection with certain actions taken with Chopt (a "Reward Program"). If you elect to opt-in to any Reward Programs, the terms of this "Reward and Loyalty Programs" section apply to you, as does any terms in the section corresponding to the applicable Rewards Program along with relevant Terms and Conditions outlined for each Reward as published in the official Chopt App and Website (https://www.choptsalad.com).

By opting into or participating in a reward program, you acknowledge and agree to be bound by this Agreement and understand this is a binding legal agreement between you and Chopt consisting of this section, the applicable loyalty program section below, and the other terms contained in this Agreement.

1. What is Chopt Rewards?

   Chopt Rewards ("Rewards Program") is designed to reward you for your continued support and loyalty, and allows you to unlock exclusive benefits and "Rewards", i.e. discounts applicable towards your purchases, restaurant credit, and other offers available through the Program. Participants in the Rewards Program may accumulate "Points" for qualifying purchases that entitle the participant to Chopt Rewards benefits, like redeeming Rewards or gaining status with perks. You can also participate in member-exclusive challenges and offers.
   
   Not all Chopt locations participate in Chopt Rewards.

2. General Requirements and Eligibility

   To enroll in the Rewards Program, you must actively opt in by creating an account, which you may do by visiting https://www.choptsalad.com/rewards and clicking the "Join Chopt Rewards Now" button or by selecting "Join Now" on the Chopt App and completing all required fields. Additionally, you can fill in required fields during the ordering and checkout process via the Chopt App or Website. You agree to provide valid and accurate personal information when enrolling. Your use of the Chopt Website or App is subject to additional terms and conditions.
   
   Chopt Rewards Programs are only open to legal residents of the fifty (50) United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. The Rewards Program is not intended for individuals under the age of 18. Chopt Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs.
   
   You have the right to revoke your consent at any time by emailing support@choptsalad.com. Please note that withdrawing your opt-in to the Rewards Program will result in the closure of your account and the forfeiture of any Points or Rewards held by the account. Once an account is closed, it cannot be reopened.
   
   By creating an account or by using the account to earn or redeem Points, you agree that you have read and agreed to these Terms.
   
   Use of your information in connection with a Rewards Program is governed by the Privacy Policy. Please review this to understand how your information is processed in connection with a Rewards Program.

3. Suspension

   You may only participate in a Chopt Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. Note that this suspension or discontinuance may apply to multiple Chopt Rewards Programs. Similarly, such action by you may result in you losing benefits accrued under the Chopt Rewards Program.
   
   In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. You are responsible for ensuring that no unauthorized person has access to your Chopt Rewards account. You are responsible for all activity on your Chopt Rewards account and it is your responsibility to ensure any Rewards or benefits you earn under a Chopt Rewards Program are accrued correctly.

4. Earning Points

   Customers will earn Points for every dollar spent on qualifying purchases, which is defined below. Points can be redeemed for various Rewards within the Chopt App or Website. See the Rewards Store section below for more information. The value of a point will change depending on a customer's status level. See the Status Levels section below for more information.
   
   When ordering on the Chopt App or Website, you must be logged in to your Chopt Rewards account to earn Points. If ordering in a Chopt restaurant, scan the QR code that identifies your account from the Chopt app.
   
   A "qualifying purchase" is a purchase by an authenticated user account (i.e. logged in), via the Chopt App, Chopt Website, or by scanning that user's Chopt app QR code as payment at our in-store Point-of-Sale (POS) system, where the pre-tax subtotal for a purchase, excluding delivery fees, taxes, tips, amounts spent on gift cards and amounts reduced by promotional discounts and redemptions is greater than $0. Qualifying purchases do not include any purchase for catering services via https://catering.choptsalad.com/ or otherwise, nor any purchases from third-party platforms at this time.
   
   If a qualifying purchase is canceled or refunded, Chopt reserves the right to deduct the Points associated with that purchase from a customer's account and reverse any Rewards or Challenge transactions.
   
   For every dollar a customer spends on a qualifying purchase, they will receive Points rounded up to the nearest whole number.
   
   Points will automatically appear in your Chopt Rewards account within 24 hours of your purchase. Visit your Rewards page from within the Chopt App or Website and select the History button on your Points balance to see more detailed information on your Points. If you're still not sure, you can send us your order confirmation number or picture of your receipt at support@choptsalad.com and we can double-check for you.
   
   Points will expire after 180 days of inactivity (i.e., no qualifying purchases), unless sooner terminated from an account deactivation.
   
   Points have no cash value, are non-transferable, and cannot be exchanged or redeemed for cash, prizes, or credit except for the redemption of Rewards available under the Rewards Program. We reserve the right to place limits on the number of Points you can earn on a daily and/or monthly basis.
   
   Bonus Points may be awarded based on your participation in a Challenge. As described below, Challenges are subject to additional terms that are stated in the applicable Challenge details. Bonus Points will be awarded as described in the Challenge and additional terms.
   
   Points believed to have been sold, exchanged, or issued fraudulently, or issued to someone other than the eligible account member, will be voided. If you have any questions about Points, please reach out to support@choptsalad.com.

5. Redeeming Points for Rewards

   When a Chopt Rewards customer accumulates the number of Points needed for a Reward, the customer can redeem their Points for a Reward in the Rewards Store on the Chopt App or Website. Customers can view Rewards available for redemption in the Redeem Points section of their account on the Chopt App or website, and then select to redeem an available Reward. Each Reward has its own applicable Terms and Conditions, which can be viewed before and after redemption. Each reward is subject to the Terms outlined here as well as the Terms for each individual Reward.
   
   For any single transaction, only one Chopt account may be used to redeem Points for Rewards.
   
   Once Points are redeemed, the corresponding Reward will automatically be added to your account and the Points associated with that Reward will be deducted from the account immediately. Once you redeem Points for a reward on your account, the selection is final and cannot be refunded or otherwise changed unless determined by Chopt, in its sole discretion.
   
   Unless otherwise stated in a given Reward's Terms and Conditions, Rewards expire 30 days after they have been claimed (i.e., added to a customer's account).
   
   Points surrendered to Chopt in exchange for Chopt making a charity donation are not tax deductible.
   
   Chopt reserves the right to change the number of Points required to earn a Reward at any time and make changes to or discontinue these Rewards at any time.

6. Redeeming Rewards

   All Rewards are subject to availability at the time of redemption. If the reward is not available at a particular location or at a particular time, no extensions of time for redemption, refunds, or transfers will be allowed. Rewards cannot be used on past orders.
   
   Rewards must be used within the time frame specified or they may expire.
   
   Chopt reserves the right to determine the order in which Rewards are applied to transactions and their priority to promotional codes, gift cards, or other payment credits that are associated with a Chopt Rewards account. We cannot guarantee that Rewards with the earliest expiration dates will be given priority within the transactions.
   
   For Free Extra Ingredient Rewards (e.g. Free Extra Avocado, Free Extra Chopping, Free Extra Good), an item is defined as having an Extra Ingredient when a particular Ingredient Group (e.g. Choppings, The Goods) has at least one more Ingredient selected compared to the number of default Ingredients in the item or, for Craft Your Own items, compared to the number of Free Ingredients given in a particular Group (e.g. first 4 Choppings free).
   
   For in-store transactions, active Free Extra Ingredient Rewards (e.g. Free Extra Avocado, Free Extra Chopping, Free Extra Good) will be applied when the item's price is greater than the item's base price plus the price of the cheapest ingredient for which the Reward could be applied, regardless of which extra ingredients are on the item.
   
   Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in association with any Rewards, or added to these Terms & Conditions from time to time. Rewards are non-transferable and cannot be exchanged for cash or converted to a gift card balance. Rewards are void where prohibited.
   
   At this time, Rewards cannot be redeemed through any third-party platforms or in-store kiosks, and cannot be used in connection with a purchase for catering services via https://catering.choptsalad.com/ or otherwise.

7. Status Levels and Perks

   As part of the Rewards Program, customers will be placed into an annual status level based on their qualifying Chopt spend from the previous year. Each tier has different benefits, including but not limited to, different Points per dollar spend threshold, different value birthday Rewards, and different monthly perks, like a free monthly chopping for the VIP and Elite tiers. The three membership levels and different spend thresholds for each annual status level are outlined here:

   • Member: $0-$199.99 Spend
   • VIP: $200-$599.99 Spend
   • Elite: $600+ Spend

   The qualifying spend amounts associated with each status level are subject to change at any time, with or without notice from Chopt.
   
   Only qualifying spend from a single, valid Chopt Rewards account is counted in status qualification. Catering orders made via the online catering ordering platform are completely separate from Chopt Rewards, and the spend will not translate to a Chopt Rewards tier. Third-party orders do not count towards status qualification or Chopt Rewards in any way.
   
   Qualifying spend is the pre-tax subtotal for a purchase, excluding delivery fees, taxes, and tips, less any promotional discounts and redemptions. For clarity, Rewards which reduce the delivery fee and amounts spent on Gift Cards are excluded from the Qualifying Spend calculation. If a qualifying spend amount is canceled or refunded, Chopt reserves the right to deduct the spend progress associated with that purchase from a customer's account.
   
   A customer's status expires end-of-day on 12/31 following the year it was earned in. For example, if you earned VIP status in 2024, your status will expire at end-of-day on 12/31/2025. Your 2026 status will be dependent on your annual spend from 2025.
   
   The perks associated with each status level are subject to change at any time, with or without notice from Chopt. As of 4/25/2024, here are the point values per dollar spent for each status level.

   • Member: For every one dollar ($1) you spend on a qualifying purchase, you will be awarded eight (8) Points.
   • VIP: For every one dollar ($1) you spend on a qualifying purchase, you will be awarded ten (10) Points.
   • Elite: For every one dollar ($1) you spend on a qualifying purchase, you will be awarded twelve (12) Points.

   All customers within the Chopt Rewards program will receive a birthday reward, with varying redemption value based on the status level a customer is in. The Birthday Reward Credit expires 30 days after being earned. Providing a birthday date upon registration is optional, and if Chopt Rewards members do not provide their birthday, they will not receive a Birthday Reward. The Birthday Reward will have its own Terms and Conditions when earned, and the reward is subject to the Terms outlined here as well as the Terms for this individual Reward. As of 4/25/2024, here are the birthday Rewards for each status level.

   • Member: $3 off a qualifying purchase
   • VIP: $4 off a qualifying purchase
   • Elite: $5 off a qualifying purchase

   As of 4/25/2024, here are the additional perks available for each status level.

   • The ability to receive Points per every dollar spent on a qualifying purchase, as outlined above.
   • A birthday reward, as outlined above.
   • Access to the Rewards Store and ability to redeem Points for Rewards.
   • Access to digital exclusive menu items on the Chopt App and Website.
   • The ability to participate in Challenges as part of the Chopt Rewards program. See the Challenges section below for more information.

   As of 4/25/2024, here are additional perks available for VIP and Elite status levels.

   • VIP and Elite: A status Welcome Gift, which is subject to change or not be rewarded at any time.
   • VIP and Elite: Monthly Bonus Choppings, which is valid for one additional free Chopping (i.e. “Extra Chopping”) on an entree once every calendar month. A Chopping is an ingredient with a value of $0.79 or less, listed in the “Choppings” category. This Reward does not discount the cost of a Chopping already included in an entree. An entree is defined as having an Extra Chopping when the Choppings Group has at least one more Chopping selected compared to the number of default Choppings in the item or, for Craft Your Own items, compared to the number of Free Choppings given in the Choppings Group (e.g. first 4 Choppings free). There will be an additional cost for extra Choppings or Goods, or additional modifications. Reward expires 30 days after added to a customer's account and is one-time use only, unless otherwise stated when redeemed within the Chopt Rewards account. Redemption is subject to availability. If ordering digitally, the Reward must be enabled, then customers must place an item in their cart when checking out on the app or website, and select the additional Chopping on the item to apply the reward. If ordering in-store, customers must enable the reward on the app, order the qualifying item, and scan their app QR code when paying. For in-store transactions, active Monthly Bonus Choppings will be applied when the item's price is greater than the item's base price plus the price of the cheapest ingredient for which the Reward could be applied, regardless of which extra ingredients are on the item. Additional restrictions may apply; void where prohibited. Rewards cannot be used on past orders.
   • Elite Only: Monthly Bonus Goods, which is valid for one additional free Good (“Extra Good”) on an entree. A Good is a premium ingredient with a value of $1.99-$4.49. This Reward does not discount the cost of a Good already included in an entree. An entree is defined as having an Extra Good when the Goods Group, or Pick a Protein Group, has at least one more Good or Protein selected compared to the number of default Goods or Proteins in that item or, for Craft Your Own items, compared to the number of Free Goods given in the Goods Group. There will be an additional cost for extra Choppings or Goods. Reward expires 30 days after it is added to a customer's account and is a one-time use only. Redemption is subject to availability. If ordering digitally, customers must select the additional Good on an item, place the item in their cart when checking out on the app or website and apply the Reward. If ordering digitally, the Reward must be enabled, then customers must place an item in their cart when checking out on the app or website, and select the additional Good on the item to apply the reward. For in-store transactions, active Monthly Bonus Goods will be applied when the item's price is greater than the item's base price plus the price of the cheapest ingredient for which the Reward could be applied, regardless of which extra ingredients are on the item. Additional restrictions may apply; void where prohibited. Rewards cannot be used on past orders.
   • Elite Only: Elite Express Pickup. Elite Express is our premier pickup time, which is offered only to Elite status members to ensure you have the quickest time slot available. Chopt reserves the right to remove this feature on pickup orders at any time, with or without notice, and adjust the time slot given. The Elite Express time slot is only available on individual, pickup orders during open store hours. It is not available for use on Group Orders or delivery orders.

   Customers may receive surprise Rewards and benefits depending on your status level or other behaviors. Any such surprise Reward or benefit will appear in your account, and we may also provide notice via email marketing or push notifications, if opted into marketing communications. These Rewards and benefits are subject to any expiration date or additional terms provided in connection with the Reward, which we may change at any time.

8. Challenges:

   Customers may be eligible for a series of bonus Challenges throughout the year. Customers will be notified via the Chopt App or Website, and if opted into marketing communications, via email or push notifications. Challenges will require specific action in order to receive the designated Reward.
   
   To participate in a Challenge, customers must opt-in to that individual Challenge by selecting “Activate” on that Challenge on the Chopt App or Website. Challenges may only be offered to selected customers based on criteria determined by Chopt in its sole discretion. In order to receive the designated Reward for an applicable Challenge, customers must complete all necessary steps for the Challenge within one Chopt Rewards account prior to the designated end date as stated in the Challenge&spos;s Terms and Conditions. Each Challenge, and if received, Reward, will have a designated expiration date and unique Terms & Conditions.

9. House Account Credit

   At times, we may provide certain house credits (“House Account Credit”) to customers. Customers must be enrolled in Chopt Rewards to be eligible to receive and use House Account Credit. House Account Credit is non-transferable and may only be used by the member to whom it was issued. House Account Credit is issued at our sole discretion. The issuance of House Account Credit does not guarantee the issuance of future House Account Credit or imply a precedent for future situations. House Account Credit may be used towards eligible purchases at participating locations only. House Account Credit cannot be used on past orders. House Account Credit cannot be used in conjunction with any other discounts or promotions, unless otherwise specified. House Account Credit cannot be exchanged for cash or other forms of credit. House Account Credit will expire 120 days from the date of issuance, unless specified otherwise. Upon expiration, the House Account Credit will be removed from the member's account and will no longer be available for use. It is the member's sole responsibility to monitor their account and use their House Account Credit before it expires. We reserve the right to modify, suspend, or terminate the House Account Credit at any time and for any reason, with or without notice.

10. Digital Gift Cards

    Chopt enables Chopt Rewards customers the option to give and receive Digital Gift Cards online. Customers must have a Rewards account in order to purchase a Digital Gift Card. Chopt Rewards customers may purchase a Digital Gift Card for a designated recipient by entering the email address of the recipient and gift card details on https://choptsalad.com/giftcards. The recipient will be notified of the gift card by email. If the recipient's email is already associated with a Chopt Rewards account, the Digital Gift Card will automatically be claimed to that account. If the recipient's email is not already associated with a Chopt Rewards account, they must create an account using that email address to associate the Digital Gift Card with the account. Digital Gift Cards may be purchased in any amount up to $200.00. Chopt reserves the right to modify this amount at any time. Digital Gift Card Credit cannot be redeemed for the purchase of Digital Gift Cards or physical gift cards. Digital Gift Card Credit must be redeemed via the Chopt App, Chopt Website or by scanning the Chopt app QR code as payment at our in-store Point-of-Sale (POS) system.

11. Chopt Customer Experience Survey Sweepstakes Terms

    No purchase necessary. Must be a legal U.S. resident, 18 or older, and a Chopt Rewards member. To enter, either (1) Submit a completed survey, or (2) use the email address in your Chopt Rewards account to send a message with the subject line “Survey Giveaway” to support@choptsalad.com. Limit one entry per month. New drawing each month. One (1) prize per month: A $50 Digital Gift Card. Odds depend on entries. See complete details here.

12. Termination of Reward Programs

    Chopt Rewards Programs continue until we terminate the applicable Chopt Rewards Program, which we may do at any time, with or without notice to you. Upon discontinuation of the Chopt Rewards Program you may lose all benefits under that Chopt Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Chopt Rewards Program, at our discretion, at any time. By continuing to participate in the Chopt Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes prior to implementation.

13. Physical Gifts / Merchandise

    Some Chopt Rewards Programs require contact information from you to facilitate your participation, such as for sending you something you earned in connection with the Chopt Rewards Program. In most cases, this information is pulled from your Account. It is your responsibility to make sure the information in your Account is accurate. In connection with a Chopt Rewards Program, you may earn a physical item. Physical items cannot be shipped to P.O. Boxes. If you fail to provide your home mailing address within 30 days of the date when you are notified, you will forfeit the physical item. You may be responsible for shipping and handling of physical items received through the Chopt Rewards Program, and we are not responsible for lost or stolen physical items. You are responsible for the payment of all taxes which may result from participation in a Chopt Rewards Program.

14. Disputes and Disclaimer

    All questions or disputes regarding eligibility for a Chopt Reward Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Chopt Reward Program, will be resolved by us in accordance with the Disputes, Arbitration, and Class Action Waiver section. By participating, you agree that all decisions we make regarding a Chopt Reward Program are final. All Chopt Reward Programs are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARD PROGRAM, WHICH ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

15. Changes to Terms

    We reserve the right to modify, add, or remove any aspects of these Terms, policies, FAQs, guidelines, or other Rewards Program terms at any time without prior notice. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms, you forfeit the right to receive special notice of such change. By continuing to use the Rewards Program, you agree to any revised Terms or policies posted by us. It is your responsibility to periodically review the Terms to stay informed about any modifications.
    
    In addition, all Program benefits, offers, Rewards, and features are subject to availability and may be altered without advance notice. We reserve the right to terminate the Program, either in part or in its entirety, without notice, except as required by applicable law. At our sole discretion, we may opt to substitute a comparable program for the existing one, providing immediate notice to active account members. In the event of Rewards Program termination, any unredeemed Points or Rewards will be forfeited without obligation or liability, and no claims for Rewards will be honored after the specified notice period concludes.

16. Managing Communication Preferences

    You may opt out from receiving Program communications at any time. To do so, please click unsubscribe at the bottom of any marketing email received and complete the opt out process. You may also reach out to support@choptsalad.com to unsubscribe from marketing communications. When opting out, you will still be eligible to participate in the Chopt Rewards program. However you will not receive communications about future offers, Challenges, or important program changes. For more information about managing your information preferences and opting out, please see our Privacy Policy.

17. Contact Us

    Please email support@choptsalad.com with questions regarding your membership in Chopt Rewards.

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Wifi Access

We may provide access to WiFi connections or similar network connections to you ("WiFi"). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

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Our Intellectual Property Rights

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the "Content") are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. . This includes the entire Content of each Site, protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

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Your Authorized Use of Our Sites

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party's use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
• Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of a Site;
• Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Use scripts, macros or other automated means to impact the integrity of Reward Programs, voting, ratings or similar features;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;
• Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
• Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site's root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

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Mobile Applications

Some of our Sites may be mobile or other applications that you can download to your phone, tablet, or other device ("Mobile App") via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider ("App Store Provider"). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

You acknowledge that this Agreement and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with the you via features like Apple's Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP.
However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Mobile App infringes a third party's intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Text Message Programs

By participating in a text message CAMPAIGN, you are agreeing to the Disputes, Arbitration, and Class Action Waiver of this Agreement as well as the rest of the terms herein, including the Limitation of Liability.

You may be able to sign up to a text message campaign from a Site or through another method provided by us. You can opt out of any text message program by replying STOP to the text message. You can reply HELP on many text message programs to receive more information, including a customer contact number. Message and data rates may apply to any text message program, and consent to a program is not required for any purchase. Text message programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, please contact us by emailing support@choptsalad.com or using the information in the Contact Us section. Our Privacy Policy applies to all text message programs.

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Accounts

Some of our Sites allow you to register for accounts specific to you for ordering, Reward Programs, and other purposes ("Account").

In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account ("Registered Users"). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in a Reward Program.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Some of our Sites allow you to register for accounts specific to you for ordering, Reward Programs, and other purposes ("Account").

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Descriptions, Testimonials, Opinions

Sites may present you with information on events, charitable causes, Chopt travels, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

Sites may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.

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Third-Party Content and Links

Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites.

We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, "Social Media Pages"), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform's terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

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Copyright Infringement Notices

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the "Designated Agent"), identified below, with the following information:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
2. The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
3. Your name, mailing address, telephone number and email address;
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf

Designated Agent: Tom Licitra
Email: dmca@choptsalad.com
Address: 800 Westchester Ave, Suite N321, Rye Brook, NY 10573
Phone: 9145128628

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys' fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
2. Your name, mailing address, telephone number and email address;
3. The following statement: "I consent to the jurisdiction of [insert one of the following: (1) "the Federal District Court in which my mailing address is located", or (2) if you reside outside of the United States, "the United States District Court for the 9th District;"
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the Last Updated legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

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Other Policies

This Agreement applies exclusively to your access to, and use of, the Sites and Reward Programs and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• Contest and sweepstake rules
• Conditional guarantees
• Privacy policies
• Employment agreements

Other policies and agreements are typically found by navigating the Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale. Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

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Important Legal Terms

Termination

The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. Termination of this Agreement will end your participation in any Reward Program and forfeit any benefits you have accrued thereunder. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a registered Account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF ANY REWARD PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE "RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE A SITE OR REWARD PROGRAM, A SITE'S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

Consent to Communication

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, registering for a Reward Program, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

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Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Except as may be otherwise described herein, any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Westchester County, New York before one arbitrator or submitted to small claims court in Westchester County, New York. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2. Reasonable discovery will be allowed during arbitration in accordance with these rules. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267 (within the USA)

No Class Actions: EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW), YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; 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 OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your or our claims respectively and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and shall be severed from the remainder of this Agreement.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Seeking Arbitration: If you believe you have a dispute with us, prior to initiating arbitration or filing a claim in small claims court, you must first call our customer service representatives and present your claim or dispute to allow us the opportunity to resolve the claim or dispute. Similarly, if we believe we have a dispute with you, our customer service representatives will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved by customer service and either you or we intend to seek arbitration, the party wishing to initiate arbitration must send to the other party, a written notice of the claim ("Notice"). Your Notice to us must be delivered by certified mail and addressed to: Legal Department, 800 Westchester Ave, Suite N321, Rye Brook, NY 10573. If we initiate arbitration, we will send a written Notice to an email address or other contact information you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer; we will pay your awarded damages or US $2,500, whichever is greater.

Coordinated Proceedings: If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals ("Coordinated Claims"), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Chopt shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding ("Test Cases"). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Chopt. Individuals bringing Coordinated Claims shall be responsible for up to US$250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

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Contacting Us

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by writing us at 800 Westchester Avenue, Suite N321, Rye Brook, NY 10573 or emailing us at support@choptsalad.com.