The following terms and conditions (collectively, the “Terms”) constitute an agreement for the use of the website www.zazacubancomfort.com (the “Website”). By accessing or otherwise using this Website, you agree to be bound contractually by these Terms and the Privacy Policy, incorporated herein by reference. Your affirmative act of using this Website and/or registering with the Website constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
These terms and conditions govern the Zaza Cuban Comfort Food Membership Program (the “Program”). The Zaza Cuban Comfort Food Membership Program is operated by Zaza Cuban Comfort Food, Inc. (“Zaza Cuban Comfort Food”) and subject to the specific Terms and Conditions provided below as well as the Terms and Conditions of Use available at https://zazacubancomfort.com/legal (“Terms and Conditions of Use” incorporated here by this reference) (collectively with these Zaza Cuban Comfort Food Terms & Conditions the “Terms”). Defined terms from the Terms and Conditions of Use not otherwise defined below are incorporated here by this reference.
BY ACCEPTING THESE TERMS AS DETAILED IN THE SECTION ENTITLED DISPUTE RESOLUTION BINDING ARBITRATION AND CLASS ACTION WAIVER BELOW, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
BY ACCEPTING THESE TERMS, YOU ALSO AGREE TO OUR PRIVACY POLICY LOCATED AT https://zazacubancomfort.com/legal, WHICH IS INCORPORATED INTO THESE TERMS AND MAY BE UPDATED FROM TIME TO TIME.
Eligibility
Participation in the Program is limited to persons residing in the United States who are eligible to use Zaza Cuban Comfort Food Online Services. You must be at least 18 years of age to participate in the Program or to redeem Guest Offers (as defined below). Individuals under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to participate in the Program. Zaza Cuban Comfort Food accounts are limited to one individual per account and duplicate accounts (including under multiple email addresses or phone numbers) may be deleted or terminated by Zaza Cuban Comfort Food. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may register for the Program or earn Points (as defined below).
Program Description
The Program is a customer loyalty program that allows a Member (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below) and Member Benefits (as defined below) on an individual basis for their own account. A Member may receive Points and Member Benefits based on their Membership Tier (as described below) through qualifying purchases, participating in activities or events, achieving certain Program milestones, or other actions or opportunities as may be presented by Zaza Cuban Comfort Food from time to time. These Terms provide a general overview of the Program. For more information on receiving, calculating, or redeeming Points, Rewards, Membership Tiers, and Member Benefits features and experiences, please visit the Zaza Cuban Comfort Food Program page.
There is no fee associated with the Program. Participation in the Program is personal and non-transferable. Points, Membership Tiers, Rewards, and Member Benefits may not be gifted, purchased, sold, bartered, brokered, or otherwise transferred except that the Program may allow a Member to donate or gift Points and/or Rewards at the Member’s discretion in certain limited instances. The donation or gifting of Points is not tax-deductible to the Member. Points, Rewards, and Member Benefits available via the Program have no cash value, are not redeemable for cash, gift certificates, or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Points, Membership Tier, Member Benefits, or Rewards constitute consideration paid for any of the foregoing. Zaza Cuban Comfort Food reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Points, Rewards, and Member Benefits available.
Joining the Program
To participate and enjoy the full benefits of the Program and be eligible for the benefits of a Membership Tier, eligible individuals must enroll and become a member of the Program (“Member”). Zaza Cuban Comfort Food reserves the right to limit participation and enrollment at any time.
How to Sign Up
To become a Member, you must have a valid Zaza Cuban Comfort Food account. Sign-up for a Zaza Cuban Comfort Food account by:
Upon sign-up, you will be required to provide the requested information, including but not limited to, name, password, e-mail address, and mobile phone number. Zaza Cuban Comfort Food may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you.
Multi-Factor Authentication SMS Terms
For security purposes, you will be required to provide a one-time code sent to you via text message any time you sign-up for or log-in to your Zaza Cuban Comfort Food account known as “multi-factor authentication.” One message per sign-up or log-in attempt. You acknowledge and agree that Zaza Cuban Comfort Food may send a confirmation text message with the one-time code for authentication any time you sign-up or log-in to your Zaza Cuban Comfort Food account. Message and data rates may apply. Contact your wireless provider for more information about your text plan or data plan. You can get more information at any time by texting “HELP” to 232632. When you send the SMS message “HELP” to us, we respond with instructions on how to use the service. You can cancel the SMS service at any time by texting “STOP” to 232632. When you send the SMS message “STOP” to us, we reply with an SMS message that confirms that you have been unsubscribed. Please note that a valid mobile phone number is required to enable the multi-factor authentication upon sign-up and log-in to a Zaza Cuban Comfort Food account, and cancelling the SMS service will impact your ability to sign-up or log-in to your Zaza Cuban Comfort Food account. Zaza Cuban Comfort Food is not responsible for your inability to log-in to your account, receive or redeem Points, Member Benefits, or Rewards, or any other loss arising from your failure to provide and maintain accurate contact information or to enable transmissions from Zaza Cuban Comfort Food for proper account authentication.
Zaza Cuban Comfort Food and participating Zaza Cuban Comfort Food restaurants may send you messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, marketing communications, or event notifications, Program confirmations, administrative announcements, special requests, and the like. These may be sent via notifications in the App, via e-mail, regular mail, other electronic communications, or communicated to you on a receipt or display at the time of use of your Zaza Cuban Comfort Food account.
When using the App, please make sure you are on the most recent version of the App to support the user experience.
User Conduct
By joining the Program, you agree to remain courteous and respectful toward employees, contractors, and agents of Zaza Cuban Comfort Food, its Affiliates, corporate-owned locations, partners, and other Members. You agree not to harass, abuse, stalk, intimidate, threaten, or engage in any conduct that harms, harasses, or offends any employees, contractors, or agents of Zaza Cuban Comfort Food, its Affiliates, corporate-owned locations, or partners engaged in the provision of services, including the delivery of any orders, or any other Members or third parties.
If you violate these Terms or engage in any fraud or abuse in use of the Program, Zaza Cuban Comfort Food may terminate your membership, bar you from future participation in the Program, and cancel any unredeemed Points, Rewards, and other benefits.
Reward Points and Membership Tiers
The benefits available to a Member through the Program are based on Membership Tier and the number of Points that the Member receives through participation in the Program. Zaza Cuban Comfort Food is under no obligation to provide Members with any particular number of Point-earning opportunities or special offers or to send messages to them.
Points
Points are automatically tracked at the time of the qualifying purchase transaction or activity. Points for any single qualifying purchase or activity may only be credited to one (1) Zaza Cuban Comfort Food account. Points will be credited to the Zaza Cuban Comfort Food account upon consummation of the qualifying transaction or activity garnering Points. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. Zaza Cuban Comfort Food shall not be responsible for or liable to any Member, person, or entity in any way for any losses, costs, or expenses incurred by a delay or error in crediting Points or Membership Tier benefits to a Member’s Zaza Cuban Comfort Food account. Available Points totals for a Member account will be displayed in the Member’s Zaza Cuban Comfort Food account in the App or online at https://zazacubancomfort.com/MyProfile/Points.
Purchase Activity
You will receive Points for qualifying purchases and transactions following enrollment as a Member in the Program based on your Membership Tier by completing one of the following purchases at a participating Zaza Cuban Comfort Food restaurant or Affiliate restaurant: (1) placing and completing an online order (via Zaza Cuban Comfort Food Online Services) for a qualifying purchase through the App or other Zaza Cuban Comfort Food Online Service (including through the Checkout with DoorDash feature in the App where available); (2) using your Digital Gift Card via an in-App QR Code or other Zaza Cuban Comfort Food Online Service; (3) scanning the digital code or providing approved account verification information linking to your Zaza Cuban Comfort Food account at checkout at a participating Zaza Cuban Comfort Food restaurant; or (4) entering your Zaza Cuban Comfort Food membership number and required information from your receipt from purchase at https://zazacubancomfort.com/MissedTransactions within thirty (30) days after the purchase date. Certain purchases and transactions do not qualify, including without limitation: (i) purchases of Zaza Cuban Comfort Food gift cards or gift certificates; (ii) purchases or transactions made using Points, Rewards, or other promotional items (such as a Digital Offer Card, Be Our Guest card, or Guest Offer (as defined below)); or (iii) catering purchases made as a guest (e.g., made while not signed in to your Zaza Cuban Comfort Food account), whether made in-store, online, or through the App. For clarification, orders made on third-party food delivery platforms (e.g., DoorDash, Grubhub, UberEats, etc.) are not qualifying purchases and will not count toward a Membership Tier or earn Points. These purchases are not eligible to earn Points as a missed transaction request. Orders placed by or on behalf of third-party aggregators, groups, organizations, and business entities will not generate qualifying purchases and will not count toward your Membership Tier or earn Points. You will not receive Points for any amounts paid in delivery fees, small order fees, surcharges, gratuity, sales, use, or other transactional taxes.
Milestones, Events, Promotional Activities
From time to time, Zaza Cuban Comfort Food or others acting with our permission may offer Members opportunities to earn Points, such as by inviting the Member to engage in certain promotional activities, upon achieving certain Program milestones, or other actions or opportunities as may be presented. Points for such activities or milestones will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer.
Membership Tiers
Each Member will be assigned a member tier status: Zaza Cuban Comfort Food One, Zaza Cuban Comfort Food One Silver, Zaza Cuban Comfort Food One Red, or Zaza Cuban Comfort Food One Signature (each a “Membership Tier”) based on the number of Points that Member receives in his/her Zaza Cuban Comfort Food member account each year (the “Rewards Year”) from that Member’s qualifying purchases and participation in other activities and opportunities during that Rewards Year. Details regarding the Membership Tiers and how the Rewards Year is calculated are available through the Zaza Cuban Comfort Food Program page. Once a Member reaches a certain Membership Tier status, the Member will retain that Membership Tier status for the remainder of that year and the next Rewards Year. Membership Tier status is determined annually and a Member must meet the requirements for a particular Membership Tier status each Rewards Year, or that status will not be maintained. Points from one Rewards Year do not roll over to a subsequent Rewards Year for purposes of determining Membership Tier. Zaza Cuban Comfort Food reserves the right to change, modify, or update the number of Points or other actions and requirements needed to earn each Membership Tier status and benefits.
Redeeming Rewards
To redeem Points for available Zaza Cuban Comfort Food rewards (“Rewards”), you must access the Rewards section on the App or online at https://zazacubancomfort.com/MyProfile/AddRewards to view Rewards available for redemption and then select to redeem an available Reward. You must have at least enough available Points in your Zaza Cuban Comfort Food account (“Available Points”) for the Reward you wish to redeem. Members must accrue a minimum of two hundred (200) Available Points before the first redemption for any Reward. In any single transaction, only one Zaza Cuban Comfort Food account may be used to redeem Points for Rewards. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction. Rewards can only be redeemed through the App or online at https://zazacubancomfort.com/MyProfile/AddRewards or https://order.zazacubancomfort.com while logged into your Zaza Cuban Comfort Food account. Rewards cannot be redeemed through any third-party platforms. Rewards provided to Members have set terms and will expire in accordance with the terms stated for that Reward. Determinations regarding redemption of Points are subject to Zaza Cuban Comfort Food’s discretion.
Points will be subtracted from the Member’s Zaza Cuban Comfort Food account immediately when a Reward is requested based on the total Points for the requested Reward. Points will be restored to a Member’s Zaza Cuban Comfort Food account only in the event Zaza Cuban Comfort Food determines, in its sole and absolute discretion, that the Reward requested by that Member is unavailable or cannot be delivered. Zaza Cuban Comfort Food reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Membership Tier. Attempts to redeem single-use offers and verification codes for Rewards multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your Zaza Cuban Comfort Food account.
Gifting of Rewards
Members who reach Zaza Cuban Comfort Food One® Silver, Zaza Cuban Comfort Food One® Red, or Zaza Cuban Comfort Food One® Signature Membership Tier status may transfer Rewards to friends. Only those Zaza Cuban Comfort Food Rewards that have been redeemed with Zaza Cuban Comfort Food Points are eligible to be transferred. Rewards eligible to be transferred include a “Gift to a Friend” button within the App. To transfer a Reward, select “Gift to a Friend” on the applicable Reward item or in the “My Rewards” section of the App and follow prompts to create a link to share with the recipient using a method of the Member’s choice. Once a link has been created, the Points are redeemed; however, the Reward will remain in the Member’s account until the recipient has received it. Each Reward link may only be used once, and the link will be void after the Reward is redeemed or expires. Daily gifting limits may apply. Once a Reward is transferred, the Reward is non-refundable and cannot be forwarded, transferred, or re-assigned. The Reward must be used by the recipient within the time frame specified for that Reward, or it will expire. A transferred Reward can be used to redeem the specified Reward, but it does not count toward the Membership Tier status of the recipient receiving the transferred Reward. Zaza Cuban Comfort Food may periodically make the gifting feature available to all Members for a limited time. When available, Members will see a “Gift to a friend” button available with eligible Rewards.
Special Member Benefits
Zaza Cuban Comfort Food and participating Zaza Cuban Comfort Food restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (“Member Benefits”). Member Benefits may be distributed via the App, online, or via e-mail or mail from time to time (based on the information you have in your Zaza Cuban Comfort Food account). Member Benefits may include periodic promotional offers on food, beverages, and merchandise, invitations to special events, or related benefits. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers in the App or via e-mail. Member Benefits may be customized based on your qualifying purchases and preferences. In certain events, Member Benefits may require that you have location settings enabled for them to be distributed to your App. Please note that Zaza Cuban Comfort Food and participating Zaza Cuban Comfort Food restaurants may be unable to send these Member Benefits to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email or other communications from Zaza Cuban Comfort Food; or if you have poor network connectivity. Member Benefits may have certain restrictions, including expiration dates and short time-limited redemption periods. Member Benefits are personal to you and cannot be shared, copied, or transferred except as the Program may allow in certain limited instances. You may be required to present your Zaza Cuban Comfort Food account information at the participating Zaza Cuban Comfort Food restaurant in order to redeem Member Benefits. Read each offer carefully for specific details, limitations, and restrictions.
Guest Offers; Digital Offer Cards
Zaza Cuban Comfort Food and participating Zaza Cuban Comfort Food restaurants, in their sole and absolute discretion, may periodically send offers via the App or via email to Members or distribute offers to customers (whether or not they are Members) through physical offer cards. These offers are referred to as ‘treats’ and ‘rewards’ but may appear with different descriptions from time to time (collectively “Guest Offers”). In order to receive digital Guest Offers sent to Members via their Zaza Cuban Comfort Food account, eligible individuals must access their valid Zaza Cuban Comfort Food account via https://zazacubancomfort.com/one or via the App to obtain the QR Code for the Guest Offer. To transfer a Guest Offer from a physical offer card to a Zaza Cuban Comfort Food account, open the Zaza Cuban Comfort Food App and scan the Guest Offer’s QR Code. A Member may transfer no more than three Guest Offers per week, up to a maximum of ten Guest Offers per month from a physical offer card to their Zaza Cuban Comfort Food account. Members may hold a maximum of 20 Guest Offers transferred from a physical offer card in their Zaza Cuban Comfort Food account at any given time. Once transferred to the App, Members must redeem the Guest Offer by scanning the Guest Offer in the App or placing a qualifying mobile order in accordance with the Guest Offer’s terms. Guest Offers presented on a physical offer card without a QR Code cannot be transferred to a Zaza Cuban Comfort Food account.
The number, type, and frequency of Guest Offers are based on a number of factors, each of which is subject to change without notice. Guest Offers are purely promotional offers, have no cash value, and do not constitute property of the recipient. Guest Offers may have certain restrictions, including expiration dates and short time-limited redemption periods. Restrictions apply, and items are subject to availability at participating Zaza Cuban Comfort Food restaurants. All Guest Offers must be redeemed prior to the stated expiration date to be valid. It is your responsibility to check your Zaza Cuban Comfort Food account periodically for Guest Offers and to use the Guest Offers prior to the stated expiration date. To redeem a Guest Offer, you must present the valid Guest Offer at a participating Zaza Cuban Comfort Food restaurant (for in-person transactions) or be logged in to your Zaza Cuban Comfort Food account (for https://zazacubancomfort.com or in-App transactions). Determinations regarding redemption of Guest Offers in restaurants are subject to the discretion of the participating Zaza Cuban Comfort Food restaurant. Updates to the status of Guest Offers may take 24-48 hours or more to show up in your Zaza Cuban Comfort Food account. A list of current Guest Offers and redeemed and expired Guest Offers are available under your Zaza Cuban Comfort Food account.
Member Benefits, Rewards, and Guest Offers may not be accepted at some Zaza Cuban Comfort Food restaurants, including Zaza Cuban Comfort Food Express™ and Zaza Cuban Comfort Food licensed locations such as airports, college campuses, office complexes, and hospitals.
Expiration of Points and Rewards; Inactive Accounts
Unredeemed Points expire upon the cancellation or termination of your Zaza Cuban Comfort Food account as described below. When you redeem your Points for Rewards, your oldest Available Points are used first. If you have any questions regarding your Zaza Cuban Comfort Food account status, please contact Zaza Cuban Comfort Food by calling Zaza Cuban Comfort Food CARES (1-866-232-2040). Rewards and Member Benefits expire in connection with the terms provided with that Reward or Member Benefit. Once Points expire or are used to redeem a Reward, the Points will be removed from a Member’s account. Points will not be added back to a Member’s account if the Member does not use a Reward before it expires. Zaza Cuban Comfort Food reserves the right to cancel a Member’s Program registration and Zaza Cuban Comfort Food account if the Member’s account remains inactive for a period of two (2) years or more. Accordingly, once you register for the Program, if you do not make a purchase or engage in an activity for which you will receive Points within your Member account within two (2) years after your initial registration or the last recorded purchase or activity for which you received Points, Zaza Cuban Comfort Food reserves the right to cancel your account. You understand and agree that cancellation by Zaza Cuban Comfort Food of a Zaza Cuban Comfort Food account will result in the cancellation of all Points, Rewards, Member Benefits, and any progress towards a Membership Tier associated with that account and the inability to earn and/or redeem further Points, Rewards, and Member Benefits regardless of Membership Tier.
Cancellation; Termination
You may opt-out of the Program at any time for any reason by cancelling your Zaza Cuban Comfort Food account by calling Zaza Cuban Comfort Food CARES (1-866-232-2040). If you cancel your Zaza Cuban Comfort Food account, any unredeemed Points, Rewards, and Member Benefits and/or progress towards a Membership Tier will automatically be cancelled and will no longer be available for redemption. If you re-enroll at any time, you will start at the introductory Membership Tier as applicable. Zaza Cuban Comfort Food reserves the right to suspend or terminate, at Zaza Cuban Comfort Food’s sole and absolute discretion, any Zaza Cuban Comfort Food account if Zaza Cuban Comfort Food believes that the account holder has abused Zaza Cuban Comfort Food privileges, has violated or acted inconsistently with these Terms or applicable law, or otherwise acted in a manner harmful to our interests. Zaza Cuban Comfort Food further reserves the right to refuse delivery of any orders, including those placed through a Zaza Cuban Comfort Food account, if Zaza Cuban Comfort Food believes that a Member has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to our interests or our corporate-owned locations or may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
Upon cancellation or termination for any reason, your Zaza Cuban Comfort Food account shall immediately cease, and you may no longer receive Points, Rewards, or Member Benefits. Zaza Cuban Comfort Food has no obligation to and shall not compensate you for any unredeemed Points, Rewards, Member Benefits, or other benefits of the Program following cancellation. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. Zaza Cuban Comfort Food reserves the right to change, modify, or terminate the Program or any or all benefits under the Program or any policy pertaining to the Program at any time for any reason, including our right to discontinue or change the Membership Tiers or change the expiration date or redemption value of Points or Rewards, merge the Program with another program, or to adjust how Points or Rewards are received, calculated, or redeemed.
If Zaza Cuban Comfort Food elects to terminate or modify in a material way the Program or any benefits or policies of the Program, Zaza Cuban Comfort Food will provide a notice of the material modification or termination by posting the modifications or notice of termination to the Zaza Cuban Comfort Food Online Services and updating the Last Updated date. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms regularly for modifications. In the event of such termination, at Zaza Cuban Comfort Food’s election, Zaza Cuban Comfort Food may allow you to redeem any outstanding valid and unexpired Points or Rewards at a participating Zaza Cuban Comfort Food restaurant until expiration of such Points or Rewards. ANY UNREDEEMED AND UNEXPIRED POINTS OR REWARDS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT REWARDS OR (2) NINETY (90) DAYS AFTER PROGRAM TERMINATION.
Dispute Resolution
Dispute Resolution Binding Arbitration and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ZAZA CUBAN COMFORT FOOD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION
YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT.
If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms, these Terms will govern. The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to Zaza Cuban Comfort Food, Inc. ATTN: Legal Department, 601 N New York Ave Suite 204, Winter Park, FL 32789 (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) Zaza Cuban Comfort Food member number, if applicable; (c) the email address and telephone number associated with your Zaza Cuban Comfort Food account, if applicable; (d) a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute, and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Zaza Cuban Comfort Food, Inc. ATTN: Legal Department, 601 N New York Ave Suite 204, Winter Park, FL 32789, and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court rather than in arbitration at any time before the arbitrator is appointed by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.
If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Winter Park, Florida.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay the AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding, even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”)
YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY, ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes but is not limited to precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
General Restrictions
Zaza Cuban Comfort Food shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms, and any decision it makes relating to termination, suspension, or other disabling of the Program or a Member’s Zaza Cuban Comfort Food account (including but not limited to cancellation or suspension of Points, Rewards, Member Benefits, and Guest Offers) shall be final and binding. Should you object to any of these Terms or any subsequent modifications thereto, or become dissatisfied with the Program, your sole remedy is to discontinue participation in the Program and properly cancel your account in the manner provided above. These Terms shall be governed by the laws of the State of Florida, U.S.A., without regard to conflict of laws provisions or principles.
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If you have any questions regarding these terms and conditions, please email [email protected].
