In this Agreement, “Tribu Grill” and “we” mean the Tribu Grill company that is providing the Services to you and with whom you are entering, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Tribu Grill’s standard policies, procedures, and terms and conditions for the use of the Services that are referenced by name or by links in this Agreement (collectively, the “Tribu Grill Policies“).
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any Tribu Grill Gift Card or Merchant Gift Card (as such terms are defined herein)). THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA, AND MEXICO.
Tribu Grill may update or revise this Agreement (including any Tribu Grill Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified agreement version. If you do not agree to the terms of this Agreement or any modified version, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Tribu Grill, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), Payment Services (as defined herein), or the purchase of Tribu Grill Gift Card or Merchant Gift Card (each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.
Part I – Reservation Services
- Restaurant Reservations. Tribu Grill makes available restaurant reservation services (the “Reservation Services“) and waitlist services (the “Waitlist Services“) through the Tribu Grill Sites to Users to assist Users in securing dining reservations or joining a waitlist at participating third-party restaurants (each, a “Restaurant“). In response to a User’s online request for a Restaurant reservation or to join a waitlist through the Tribu Grill Sites, Tribu Grill contacts the Restaurant’s computerized database of reservations and waitlists, as applicable. The availability of reservations, estimated wait time, or place in line on a waitlist is determined at the time of the User’s query and based on information provided to Tribu Grill by the Restaurant. Once the User makes a reservation or waitlist request user through the Tribu Grill Sites, Tribu Grill will confirm the reservation or waitlist status to the User by email or other electronic messages as has been agreed to by the User. By using the Reservation Services or Waitlist Services, the User agrees to receive reservation and waitlist confirmations, updates, modifications, and cancellations by email or other electronic messages.
If you cannot keep your reservation and fail to cancel at least 30 minutes before the reservation, Tribu Grill will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Restaurant, the User must notify the host that the User has a reservation. By using the Reservation Services, the User agrees to receive no-show notifications by email after a report that her reservation was not honored, whether that was the case. Your Account will be suspended if you are a no-show for four reservations within 12 months. If you receive a no-show notification email in error,
If you wish to remove yourself from a waitlist, you have joined through the Waitlist Services, and you can do so by managing your place in line through the Tribu Grill Sites or by calling the Restaurant. Failure to appear at the Restaurant on time may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.
- Tribu Grill Dining Rewards. Depending on your country of residency, you may be able to participate in Tribu Grill’s rewards program (“Tribu Grill Dining Rewards“). Where applicable, participation is subject to the Tribu Grill Dining Rewards Terms and Conditions.
- Usage Guidelines. User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honor those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals. The User further agrees not to book more than one reservation or join more than one waitlist for the User’s personal use during any meal time (e.g., lunch, dinner, etc.). Administrative assistants and concierges may be able to book multiple reservations through Tribu Grill’s Administrative Assistant and Concierge programs, subject to any applicable program terms. Resale or attempted resale of reservations or waitlist spots is prohibited. It is grounds for, among other things, cancellation of your reservations, removal from the waitlist, or termination of your access to the Services.
Part II – Payment, Gift Card, and Other Services
- Payment, Gift Card, and Other Services. Depending on your country of residency, Tribu Grill may offer additional Services such as payment services made available by Tribu Grill through the Tribu Grill Sites (the “Payment Services“), electronic and physical gift cards, and gift certificates issued by Tribu Grill (each, a “Tribu Grill Gift Card“), electronic gift cards and gift certificates issued by participating third-party restaurants (each, a “Merchant Gift Card“) and other services.
Part III – Terms for All Services
- Your Account. You may (but are not required to) create an account with Tribu Grill through the Tribu Grill Sites (“Account“) to use the Reservation Services, Waitlist Services or to purchase, gift, or redeem (as applicable) Tribu Grill Gift Cards and Merchant Gift Cards. However, you must have an Account to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Tribu Grill registration form (“Registration Data“). You also agree to promptly update the Registration Data to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account. Except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Tribu Grill of any unauthorized use of your Account or any other breach of security related to your use of the Services.
- Modifications to Services. In its sole discretion, Tribu Grill reserves the right to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Tribu Grill Sites, Restaurants, and Merchants. Tribu Grill shall have no liability to you for any of the previous actions. If you object to such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
- Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Tribu Grill Content“) are provided to the User by Tribu Grill or its partners or licensors solely to support the User’s permitted use of the Services. The Tribu Grill Content may be modified from time to time by Tribu Grill at its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Tribu Grill Content by User shall constitute a material breach of this Agreement. Tribu Grill and its partners or licensors retain all rights in the Services and Tribu Grill Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Tribu Grill or any third party is granted under this Agreement.
- Application License. Subject to the terms and conditions of this Agreement, Tribu Grill grants User a non-exclusive, non-transferable, revocable license to use the Tribu Grill mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
- Use Restrictions. The Services and Tribu Grill Content are offered solely for the User’s personal use for the purposes described in this Agreement. Any other uses are prohibited. Tribu Grill expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). In its sole discretion, Tribu Grill reserves the right to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Tribu Grill Content, except as expressly authorized by Tribu Grill; (2) take any action that imposes or may impose (in Tribu Grill’s sole determination) an unreasonable or a disproportionately large load on the Services or Tribu Grill’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tribu Grill Content to a third party; (5) use any portion of the Services or Tribu Grill Content to provide, or incorporate any portion of the Services or Tribu Grill Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Tribu Grill); (7) modify any Services or Tribu Grill Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Tribu Grill Content; (9) use the Services or Tribu Grill Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Tribu Grill Content or access or use the Services or Tribu Grill Content for competitive analysis or benchmarking purposes. Although the Tribu Grill Sites may be accessible worldwide, not all features or services discussed, referenced, provided, or offered through or on the Tribu Grill Sites are available to all persons or in all geographic locations or appropriate or available for use outside the United States. Tribu Grill reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
- the United States Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Tribu Grill Sites with only those rights set forth therein.
- Export Control. You may not use, export, or re-export any Tribu Grill Sites or other aspects of the Services (or any copy or adaptation of the previous) in violation of applicable law, including, without limitation, the United States and foreign export laws and regulations. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or the U.S. Government has designated that as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination. Tribu Grill may suspend your ability to use all or any element of the Services or terminate this Agreement immediately, without notice or explanation. Without limiting the preceding, Tribu Grill may suspend your access to the Services if we believe you to violate any part of this Agreement (including any Tribu Grill Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. Where applicable, you may lose access to and be unable to use any accumulated dining points described in the Tribu Grill Dining Rewards Terms and Conditions. You agree that Tribu Grill shall not be liable to you for any termination of this Agreement or any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Tribu Grill will have no liability whatsoever.
- Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post, or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links, and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content“). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting illegal activity or harm to groups and individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments, or ratings for which you are being compensated in any manner or for your Restaurant or any restaurant of your employer, friend, relative, or competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you provide to Tribu Grill may be displayed publicly with such User Content. Tribu Grill reserves the right (but has no obligation) to monitor, remove, or edit User Content at Tribu Grill’s sole discretion, including if User Content violates this Agreement (including any Tribu Grill Policies). Still, you acknowledge that Tribu Grill may not review submitted User Content regularly. If you submit User Content, and unless we indicate otherwise, you grant Tribu Grill a nonexclusive, perpetual, royalty-free, irrevocable. Fully sublicensable (through multiple tiers, including to restaurants, partners, and other third-party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you at this moment waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Tribu Grill. You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein. Tribu Grill takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality concerning User Content.
- Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tribu Grill and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Tribu Grill’s request) defend Tribu Grill, its affiliates, and its representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Tribu Grill Parties“) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
- Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE TRIBU GRILL PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES TO IT), (2) ANY USE OF THE TRIBU GRILL SITES, SERVICES, THE TRIBU GRILL CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE TRIBU GRILL SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE TRIBU GRILL CONTENT. TRIBU GRILL IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT IN WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR THE EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY, OR HEALTH.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY OUTLINED IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
You and Tribu Grill understand and agree that the disclaimers, exclusions, and limitations in Section 19 and Section 20 are essential elements of this Agreement and represent a reasonable risk allocation. In particular, you understand that Tribu Grill would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- Disclaimer of Warranties. YOU UNDERSTAND THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK, AND TRIBU GRILL CAN NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL TRIBU GRILL’S CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TRIBU GRILL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. TRIBU GRILL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TRIBU GRILL WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. TRIBU GRILL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TRIBU GRILL.
THE PREVIOUS DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third-Party Websites, Applications, and Services. The Services may contain hypertext links to websites and applications operated by parties other than Tribu Grill. Such hypertext links are provided for User reference only, and Tribu Grill does not control such websites and is not responsible for their content. Tribu Grill’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Tribu Grill assumes no liability for third-party websites, applications, or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google Inc., Microsoft Corporation, or BlackBerry Limited will be a third-party beneficiaries of this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services. Your access to the Services using these devices is subject to terms outlined in the applicable third-party beneficiary’s terms of service, including any license transferability and other usage rules. To the extent a Tribu Grill restaurant enables a Third-Party Platform (as defined below), the offering, sale, purchase, or consumption of alcohol, cannabis, tobacco, gambling, or related products (“Age Restricted Goods”) are provided subject to the applicable laws that govern such Age Restricted Goods. Tribu Grill has no affiliation with or liability related to a restaurant’s offering of Age Restricted Good. “Third-Party Platform” means any platform, add-on, service or product not provided by Tribu Grill that a restaurant elects to integrate or enable.”
- Release. Restaurants and Merchants are solely responsible for their interactions with you and any claims, injuries, illnesses, damages, liabilities, and costs (“Claims“) suffered by you (or, if applicable, any recipient of a Tribu Grill Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you release the Tribu Grill Parties from any such Claims. IN CONNECTION WITH THE PRECEDING, IF YOU ARE A CALIFORNIA RESIDENT, YOU WITH THIS WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You now expressly waive and relinquish all rights and benefits under that Section and any law of any jurisdiction of similar effect concerning the release of any unknown or unsuspected claims you may have against the Tribu Grill Parties about the subject matter of this Section 22. If you are a resident of the United Kingdom or the European Union, this release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body, or health.
- Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
For us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) please provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
- Severability. If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or the rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect, and such provision or portion thereof shall be deemed omitted.
- Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated by the User but may be freely transferred, assigned, or delegated by Tribu Grill.
- Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
- ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Tribu Grill Parties or their successors or assign shall exclusively be settled through binding and confidential arbitration. If you are a resident in Mexico, you, as a result of this, expressly waive any right to exercise a class action before a Mexican court against Tribu Grill and Tribu Grill Parties, according to the terms of the Federal Code of Civil Procedure (CódigoFederal de ProcedimientosCiviles) and any other applicable Mexican legislation.
The arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“A.A.A.“). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the A.A.A.’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures“).
In the case of arbitration and where permitted by law, you thus agree to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
In the case of arbitration and where permitted by law, you and Tribu Grill must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR TRIBU GRILL MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Tribu Grill will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Tribu Grill also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the preceding, you or Tribu Grill may bring an individual action in small claims court. Further, this arbitration agreement shall not be subject to claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret. Such claims shall be exclusively brought in the state or federal courts in San Francisco County, California. Additionally, notwithstanding this Agreement to arbitrate, either party may seek equitable emergency relief before the state or federal courts located in San Francisco County, California, to maintain the status quo pending arbitration and, at this moment, agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Except for Tribu Grill Parties (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed following its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If subpart (1) or (2) is found invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Tribu Grill shall be entitled to arbitration. If a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in a state or federal court in San Francisco County, California.
28. Choice of Law. This Agreement is made under and shall be governed by and construed following the laws of the State of California, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under your local jurisdiction and/or country of residency laws. If you are a resident of a European Union member country, parties may be able to resolve consumer disputes in the way of alternative dispute resolution on the O.D.R. platform of the European Commission.