Terms and conditions of Use
These terms and conditions of use (these “Terms”) govern, among other things, your use of our website(s), mobile applications, social media interfaces, other online interfaces, and similar Interfaces (collectively, the “Interfaces”). Please read these Terms carefully before using the Interfaces. The Interfaces are owned or controlled, either directly or indirectly, by Red Robin International, Inc., its parent company(ies), affiliates, and subsidiaries (collectively, “Red Robin”).
Your access to and use of the Interfaces is voluntary and is done entirely at your own risk. By accessing the Interfaces in any way including, without limitation, browsing the Interfaces, using any information displayed in the Interfaces, and/or submitting information to Red Robin via the Interfaces, or otherwise assenting to these Terms, you agree to, and are bound by, the terms, conditions, policies and notices contained in these Terms.
From time to time we may change or update the Interfaces and these Terms. Unless otherwise noted, all changes are effective immediately when we post them and apply to, among other things, all access to and use of the Interfaces thereafter. Your continued use of the Interfaces or other manifestation of assent after we post any changes to these Terms constitutes your agreement to those changes.
The Interfaces are offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using the Interfaces, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Interfaces.
THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER THAT LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING OR PARTICIPATE IN A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. THERE IS LESS DISCOVERY AND APPELLATE REVIEW IN ARBITRATION THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
RED ROBIN’S OWNERSHIP OF THE INTERFACES AND RED ROBIN CONTENT
Content on the Interfaces that is provided by Red Robin or its licensors including all graphics, photographs, images, screen shots, text, designs, code, software, images, sounds, video, digitally downloadable files, trademarks, logos, product names, program names, slogans, and other content appearing on the Interfaces (collectively, "Red Robin Content") is the property of Red Robin and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Red Robin Content located on the Interfaces (a) for use in any publications, (b) for use in any public performances, (c) for use on any websites, mobile applications, social media interfaces and, other online interfaces other than the Interfaces, and/or (d) for any commercial purpose in connection with products or services that are not those of Red Robin.
Further, you agree not to download, display or use any Red Robin Content located on the Interfaces in any other manner that (a) is likely to cause confusion among consumers, (b) disparages or discredits Red Robin and/or its licensors, (c) dilutes the strength of Red Robin or its licensor's property, and/or (d) otherwise infringes Red Robin or its licensors’ intellectual property rights. You also agree not to misuse any Red Robin Content or third party content that appears on the Interfaces.
Subject to your compliance with these Terms, we grant you a limited license to access and use the Interfaces and Red Robin Content for personal and informational use only.
USER INFORMATION GATHERED ON THE INTERFACES
Information regarding users of the Interfaces is collected when users are browsing the Interfaces, supplying information on the Interfaces, and similar activities. Basic user information that may be collected and/or requested includes: name, address, email address, telephone number, cellphone number, payment information, and other similar information. Information is also captured when users access pages, files and forms on the Interfaces. This data may be accessed and analyzed by us to improve performance, review session recording information, analyze usage trends, and develop strategies and campaigns that are tailored to our guest’s needs.
In order to effectively respond to requests made via the Interfaces, we may need to share information you provide with others within our organization. However, the information you provide will not be sold to any third parties, except in compliance with applicable law.
ACCESS AND RESTRICTIONS
While using the Interfaces, you are required to comply with all applicable laws, rules, and regulations. You may not use the Interfaces for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Interfaces or any other party’s use of the Interfaces. For example, the following requirements apply to your use of the Interfaces: (a) you will not use any electronic communication feature of the Interfaces for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Interfaces for any commercial purpose not expressly approved by Red Robin in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Interfaces, deep-link to any feature or content on the Interfaces, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Interfaces.
Violations of system or network security may result in civil or criminal liability. Red Robin will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Interfaces or any activity being conducted on the Interfaces.
YOUR ACCOUNT, PASSWORD, AND OTHER DATA
The Interfaces are not intended for use by anyone who has not yet reached the legal age of majority (which in most jurisdictions is either 18 or 21). To access some of the features or services on the Interfaces, you may be required to provide certain registration details or other information. If a particular feature or service offered on the Interfaces requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Interfaces. Red Robin is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including, if, in our opinion, you have violated any provision of these Terms.
If you create an account, we may send you special offers and messages. These account offers may have specific terms and conditions outlined in the offer. These account offers and account messages are integrated features of your account. If you do not wish to receive these account offers and account messages, you must log out and discontinue use of your account. You can still continue to use our websites and apps as a guest user.
Data obtained from you in connection with your use of the Interfaces may include your name, address, email address, cell phone number, your carrier's name, and the date, time and content of your messages as well as other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the Interfaces. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our legal rights. You agree to provide accurate, complete, and true information in connection with the Interfaces.
CONSENT TO COMMUNICATION
RED ROBIN GIFT CARDS AND RED ROBIN ROYALTY PROGRAM
ORDERING, AVAILABILITY, AND PAYMENT
You can purchase Red Robin’s products and/or services on the Interfaces. All prices displayed on the Interfaces are quoted in U.S. Dollars and are valid and effective only in the United States. Red Robin reserves the right, without prior notice, to add, discontinue, or change specifications on products and/or services offered through the Interfaces. Red Robin reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.
All descriptions, images, features, specifications, products, and prices of products and/or services are subject to change at any time without notice. The inclusion of any products or services on the Interfaces does not imply or warrant that these products or services will be available. Red Robin reserves the right, with or without prior notice, to do any one or more of the following for any reason: (a) limit the available quantity of or discontinue any products or services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar you from making or completing any or all transactions; and (d) refuse to provide you with any products or service. You acknowledge and agree that web and mobile ordering and the ability to purchase products or service is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location. Once an order for any products or services is made on the Interfaces, changes cannot be made to the order except to the extent edit options are made available on the Interfaces in Red Robin sole discretion.
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Red Robin may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Interfaces. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit/debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
ACCURACY OF THE INTERFACES
Although we intend to provide accurate and timely information on the Interfaces, the Interfaces (including, without limitation, the Red Robin Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Interfaces are provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice including, without limitation, information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Interfaces are your sole responsibility and we shall have no liability for such decisions.
THIRD PARTY WEBSITES
Some of our Interfaces may be mobile or other applications that you can download to your phone, tablet, or other mobile device (“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 these Terms and your use of any Red Robin mobile application (the “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 responsible for the App and its content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the App). All rights you have to use the 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 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 App, as specified in these or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the App, nor any warranties for the same.
WE DISCLAIM ALL WARRANTIES RELATED TO ANY APP. However, in the event that the 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 any purchase price for the App. To the maximum extent permitted by applicable law, no app store provider will have any other warranty obligation whatsoever with respect to the 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 App, including, but not limited to: (i) product liability claims; (ii) any claim that the 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 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 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 these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The use of any App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device including, without limitation, all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App including, without limitation, administrative messages, service announcements, diagnostic data reports, and App updates from Red Robin, your mobile carrier, and/or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity Interfaces or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees or information sent to or through the App. Red Robin does not warrant that the App will be compatible with your mobile device. If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.
We do not currently, but may in the future, allow you to post content on the Interfaces. If we allow such postings, you are responsible for the accuracy and integrity of anything that you submit to us (a "Submission"), and you must ensure that you have the rights to it and that you do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You represent and warrant that: (a) you own all Submissions posted by you, and (b) the posting of your Submissions does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you. You also agree that Red Robin is not responsible to monitor, police, or remove any Submissions or other information submitted by you or any other user.
You agree that any Submission posted by you in connection is posted on a non-proprietary and non-confidential basis. You agree that we may use any of your Submissions for any purpose, and you hereby assign, transfer and convey to Red Robin all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.
You agree to be respectful when you use the Interfaces and you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b)use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (d) post anything that exploits children or minors or that depicts cruelty to animals; (e) post any copyrighted or trademarked materials without the express permission from the owner; (f) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (g) use any robot, spider, scraper or other automated means to access the Interfaces; (h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (i) alter the opinions or comments posted by others on the Interfaces.
You agree this list of unauthorized activities is for example only and is not complete, exclusive, or exhaustive. We reserve the right to terminate your ability to use or post to the Interfaces and we reserve the right to refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Interfaces. Red Robin may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity.
INTELLECTUAL PROPERTY RIGHTS
Red Robin® (and all related names, logos, product names, service names, designs, slogans, and similar content) are registered trademarks of Red Robin or its affiliates or licensors. Unauthorized use is strictly prohibited. Other trademarks, names and logos on the Interfaces are the property of their respective owners.
The Interfaces and all Red Robin Content are protected intellectual property of, or used with permission or under license by, Red Robin. All intellectual property rights associated with the Interfaces, and related goodwill, are proprietary to Red Robin or its licensors. You do not acquire any right, title or interest in any Red Robin Content by accessing or using the Interfaces. Any rights not expressly granted herein are reserved. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Red Robin.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE INTERFACES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERFACES IS AT YOUR OWN RISK. THE INTERFACES THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERFACES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RED ROBIN NOR ANY PERSON ASSOCIATED WITH RED ROBIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE INTERFACES. WITHOUT LIMITING THE FOREGOING, NEITHER RED ROBIN NOR ANYONE ASSOCIATED WITH RED ROBIN REPRESENTS OR WARRANTS THAT THE INTERFACES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERFACES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERFACES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, RED ROBIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You assume total responsibility and risk for your use of the Interfaces, linked websites, and third party websites. Red Robin does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. TO THE FULLEST EXTENT PROVIDED BY LAW, RED ROBIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERFACES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION OF LIABILITY
TO FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL RED ROBIN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE INTERFACES, ANY WEBSITES LINKED TO IT, OR ANY RED ROBIN CONTENT, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. RED ROBIN IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE (REGARDLESS OF CAUSE) INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ACCOUNTS, RECORDS, PROGRAMS, OR OTHER INTERFACES.
TO FULLEST EXTENT UNDER APPLICABLE LAW, RED ROBIN IS NOT LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE INTERFACES, EVEN IF RED ROBIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT UNDER APPLICABLE LAW, YOU AGREE THAT NOTICE OF ANY CLAIM MUST BE GIVEN WITHIN TWO YEARS OF ITS ACCRUAL OR IT IS WAIVED AND TIME BARRED.
You agree to defend, indemnify, and hold harmless Red Robin, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Interfaces, including, but not limited to, your Submissions, (c) your activities in connection with the Interfaces, (d) any use of the Red Robin Content or other content, services, and products available on the Interfaces other than as expressly authorized in these Terms, or (e) your use of any information obtained from the Interfaces. 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.
Except as otherwise provided herein, if any provision of these Terms 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 these Terms will be enforceable.
EXPORT POLICY AND RESTRICTIONS
You acknowledge that the products, services, and Red Robin Content which are displayed, sold, and/or licensed on the Interfaces (which may include technology and software) are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Interfaces, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Red Robin from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
These Terms will be governed by and construed in accordance with the laws of Colorado without regard to conflicts of laws principles The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute resolution sections below. You agree that any and all Disputes (as defined below) that are not subject to arbitration or small claims court will be subject to the courts located in Denver, Colorado. These Terms are enforceable to the fullest extent under applicable law.
PRE-ARBITRATION CLAIM RESOLUTION
For all Disputes (as defined below), you must first give Red Robin an opportunity to resolve the dispute by mailing written notification to Red Robin at the address below including (a) your name, (b) your address, (c) a detailed written description of your dispute or claim, (d) information sufficient to identify you and any relevant experience or transaction, and (e) a detailed description of the specific relief you seek and a calculation for it to the address below (the “Notice”). The Notice must be personally signed by you. You and Red Robin agree to work in good faith to resolve any Dispute informally. If you and Red Robin do not resolve the Dispute within 60 days after it receives your written Notice, then you may move forward with initiating binding arbitration on an individual basis as described below. If during this 60 day period Red Robin requests a telephone conference in an effort to resolve the Dispute, you agree to personally participate in such an individualized telephone conference (with your counsel if you are represented). Any applicable statute of limitations shall be tolled during this 60 day period. Compliance with this mandatory informal Pre-Arbitration Claim Resolution process is a condition precedent for you or Red Robin to initiate arbitration. If Red Robin initiates a Dispute with you, it will send a Notice to the physical or email address it has on file for you. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin the filing or prosecution of arbitrations. A party may raise non-compliance with Pre-Arbitration Claim Resolution process in court and/or in connection with the arbitration.
Red Robin International, Inc.
10000 East Geddes Avenue
Englewood, CO 80112
Attention: Chief Information Security Officer (with a copy to: Chief Legal Officer)
Telephone: (303) 846-6000
BINDING INDIVIDUAL ARBITRATION AND AGREEMENT TO ARBITRATE ALL DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO PARTICIPATE IN A CLASS ACTION, AND TO HAVE A JURY HEAR YOUR CLAIMS.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the applicable consumer American Arbitration Association (“AAA”) rules and procedures (“AAA Rules”) as modified by this agreement, and the right to certain remedies and forms of relief. Except as provided herein or under the AAA Rules, the parties shall retain the right to seek the same relief that they would otherwise be entitled to seek in court.
Except for “Pre-Arbitration Claim Resolution” referenced above and small claims and requests for injunctive relief specifically referenced below, these Terms provide that any dispute, disagreement, claim, or controversy between you and Red Robin, including any dispute that in any way relates to these Terms, your relationship with Red Robin, or your use of the Interfaces—whether any such dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory—will be resolved exclusively by binding individual arbitration (“Dispute”). Dispute shall have the broadest possible meaning permitted by law. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior agreement as well as claims that may arise after the termination of these Terms. The sole exceptions to the foregoing requirement to arbitrate are set forth in the Small Claims and Injunctive Relief section set forth below and either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Administrator and Fees. The arbitration will be administered by the AAA in accordance with the applicable consumer rules then in effect as modified by this agreement. The applicable AAA Rules are available at https://www.adr.org or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this arbitration agreement as written, the parties will jointly select an alternative arbitration provider that will administer the arbitration consistent with this arbitration agreement as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this arbitration agreement as written. If after sixty (60) days the Pre-Arbitration Claim Resolution process set forth above is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written demand for arbitration consistent with the AAA Rules. In addition, if you initiate arbitration, you shall certify that you have complied with the Pre-Arbitration Claim Resolution process above and personally sign your demand for arbitration. The arbitration will be conducted by a single arbitrator. Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be as set forth in the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Red Robin will reimburse as much of the AAA fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you as compared to litigation.
Unless you and Red Robin otherwise agree, the arbitration will be conducted in the county where you reside or another location convenient for you. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Red Robin submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If such a hearing is determined to be necessary, you and Red Robin agree to personally attend. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the AAA Rules. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this agreement. The arbitrator's award of damages and/or other relief must be consistent with these Terms, including the Limitation of Liability section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
Small Claims and Injunctive Relief. This arbitration agreement does not preclude you or Red Robin from electing to have a Dispute heard in small claims court. If the Dispute qualifies for small claims court, you or Red Robin may elect to have the Dispute heard in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The determination of whether a Dispute falls within the jurisdictional limits of small claims court shall be for the small claims court to decide in the first instance. In addition, you and Red Robin both retain the right to apply to a court of competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Class Action and Collective Relief Waiver and Jury Trial Waiver; Individual Arbitration. YOU AND RED ROBIN AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, EACH MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.A DISPUTE MAY NOT BE CONSOLIDATED WITH A CLAIM BY ANY PERSON OR ENTITY THAT IS NOT A PARTY TO THE ARBITRATION PROCEEDING, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS AGREEMENT, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR RED ROBIN IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A CLAIM OR REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF. YOU ACKNOWLEDGE AND AGREE THAT YOU AND RED ROBIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Additional Procedures For Multiple Case Filings/Mass Arbitrations. If twenty-five or more similar claims are asserted against Red Robin by the same or coordinated counsel or organizations or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Red Robin shall each select 15 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 30 proceedings, each side shall select another 15 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case in any bellwether process. Only one case may be assigned to each arbitrator as part of each set of bellwether proceedings unless the parties agree otherwise. The group of arbitrators for any set of bellwether proceedings shall not be identical to the group of arbitrators for any other set, though, over time, individual arbitrators might preside over more than one arbitration in connection with bellwether proceedings. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process. A court will have the authority to enforce these additional procedures, including by enjoining the mass filing or prosecution of arbitrations or the assessment or collection of AAA fees.
Enforcement and Invalidity. Subject to the provisions in the Class Action and Collective Relief Waiver above, if any part of this arbitration agreement is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis),, then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Red Robin shall be entitled to arbitrate their Dispute. Any changes to these Terms shall not apply to any Dispute to which you or we have already provided notice to the other party notwithstanding any other provision to the contrary.
TERMINATION OF THE INTERFACES
Red Robin may, in its sole discretion and at any time, discontinue the Interfaces or any part thereof, with or without notice, or may prevent your use of the Interfaces with or without notice to you. You agree that you do not have any rights in the Interfaces and that Red Robin will have no liability to you if the Interfaces are discontinued or your ability to access the Interfaces or any content you may have posted on the Interfaces are terminated.
Any other terms on our Interfaces are hereby incorporated by reference into these Terms.
Red Robin may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or any part of it, to any other person. Any attempt at any such assignment by you is void.
OTHER IMPORTANT INFORMATION
Notice to Canadian Residents. Red Robin, our affiliates and our Canadian, US, and other service providers may process and store your personal information in a country outside of Canada, and the governments, courts, or law enforcement of that country may be able to obtain disclosure of personal information through the laws of the foreign country. Under the laws of a foreign country, in certain circumstances, Red Robin may be required to provide your personal information in response to a search warrant or other legally valid inquiry or order.
Third Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own.
These Terms constitute a binding agreement between you and Red Robin and is accepted by you upon your use of the Interfaces or your account. These Terms constitute the entire agreement between you and Red Robin regarding the use of the Interfaces and your account. Both you and Red Robin acknowledge and agree that no partnership is formed and neither of you nor Red Robin has the power or the authority to obligate or bind the other. If Red Robin fails to act with respect to your breach or anyone else's breach on any occasion, Red Robin is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms or the Interfaces, you can reach us at the contact information below. If we need, or are required, to contact you concerning any event that involves your information, we may do so by e-mail, telephone, or mail.
Red Robin International, Inc.
10000 East Geddes Avenue
Englewood, CO 80112
Attention: Chief Information Security Officer (with a copy to: Chief Legal Officer)
Telephone: (303) 846-6000
VERSION DATE: AUGUST 9, 2022