Large Catering Package

TERMS OF USE

POKEWORKS SITE TERMS & CONDITIONS

Last Updated: June 19, 2025

These Website Terms of Use and Service (these “Terms”) form a binding agreement between you and Beyond Restaurant Group, LLC d/b/a Pokeworks (“Pokeworks”, “we” or “us”). These Terms set forth the terms and conditions governing your use of the website owned and operated by Pokeworks, located at https://www.pokeworks.com (the “Site”) and any services provided by Pokeworks via the Site, including but not limited to online ordering, loyalty programs, and rewards programs (collectively the “Service”). These Terms apply to all users of the Service, including without limitation users who are browsers of the Site, vendors, customers, or merchants of Pokeworks, or contributors of content to the Service.

Please read these terms carefully, including the arbitration agreement requiring mandatory binding arbitration set forth below. By accessing the Site or using the Service, you represent to Pokeworks that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use any portion of the Service.

Modifications

We may modify these Terms at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site (each a “Revised Version”) on the Site. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after you receive any such notification of a Revised Version constitutes your acceptance of such Revised Version. Please regularly check the site to view the then-current terms. 

Capacity to Agree

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Service.

Our Products

Products. The Service enables Pokeworks to offer, to you and other users, various food, beverage and other related products (collectively, the “Products”). The Products advertised or otherwise made available for purchase via the Service or any Third-Party Service are determined solely by Pokeworks. We reserve the right to modify, discontinue, suspend or otherwise limit the sales of any of our Products to any person, based on geographic region, jurisdiction, availability or otherwise, and you acknowledge that we may exercise this right on a case-by-case basis. Pokeworks will have no liability to you or to any third party for any such modification, discontinuation, suspension, limitation or unavailability of any Products.

Product Pricing. Any Product pricing listed on any part of the Service or any Third-Party Service (each defined below) is subject to change without notice to you. Pokeworks reserves the right to, at any time, modify such pricing, for any Product, without advance notice to you. We will not be liable to you or to any third party for any such modification.

Applications

You acknowledge and agree that the availability of any Applications is dependent on the third party from whom you received the Application license (e.g., the Apple iTunes or Google Play app stores) (each an “App Store”). You further acknowledge that these Terms are between you and Pokeworks and not with any applicable App Store. In order to use any Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using any part of the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

Third-Party Services, Links, and Materials

Third-Party Services. We may provide you with access, via the Service, to certain tools and services provided by third parties, including any Delivery Services (defined below), online ordering platforms, rewards programs, and loyalty programs (each a “Third-Party Service”). For clarity, this includes services provided by Thanx, Inc., (“Thanx”) which facilitate our online ordering, rewards program, and loyalty program as a service provider to Pokeworks. Pokeworks also partners with Olo, Inc., (“Olo”), a third-party technology provider, to support and operate certain online ordering functions, including catering orders and other web-based ordering experiences. Olo facilitates the technical processing of orders placed through our digital platforms, including collecting order details, processing payments, and coordinating delivery or pickup logistics.You acknowledge that we neither monitor nor have any control over any Third-Party Service and agree that your use of any Third-Party Services offered through the Service is entirely at your own risk and discretion. Pokeworks will have no liability whatsoever arising from or relating to your use of any Third-Party Services.

Third-Party Links; Third-Party Materials. We may, via hyperlinks provided through the Service (“Third-Party Links”), provide you with the ability to access certain third-party websites and content owned or offered by third-parties (“Third-Party Materials”). Any Third-Party Links you click on via the Service may direct you to Third-Party Materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Third-Party Materials. We are not liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any Third-Party Links or Third-Party Materials. Where applicable, you should review the terms and conditions upon which Third-Party Services are offered. 

Delivery Services. Any delivery service you use to order Products from Pokeworks, whether accessed through a Third-Party Link or otherwise (each a “Delivery Service”), is at your sole discretion. All Delivery Services are subject to only the terms and conditions provided by the provider of such Delivery Service, and Pokeworks will have no liability to you for issues that may arise from your use of any such Delivery Service. Notwithstanding anything to the contrary herein, you agree that, with respect to any Products ordered via Mobo Systems, Inc. d/b/a Olo (“Olo”), you accept the terms and conditions set forth in the Olo Terms of Service and the Olo Privacy Policy, each of which is made available to you when you order any of our Products through Olo.

User Content

Personal Information. Your submission of personally identifiable information via the Service is governed by our Privacy Policy. By using the Service, including the online ordering, rewards, and loyalty programs, you acknowledge and agree to the collection, use, and sharing of your Personal Information as described in our Privacy Policy.

User Comments. You may be provided the ability to upload to the Service or otherwise submit to Pokeworks, with or without our request, whether online, by email, by postal mail, or otherwise, certain content, including feedback, recommendations, reviews, suggestions, proposals, plans, creative ideas or other materials, whether your original content or that of a third party (collectively, “User Comments”). You agree that Pokeworks may use User Comments without restriction at any time, including but not limited to editing, copying, publishing, distributing, or translating such User Comments, in any form or medium. Pokeworks is and will be under no obligation to (1) maintain any User Comments in confidence; (2) pay compensation to you or any third party for use of any User Comments; or (3) respond to any User Comments.

User Content. You represent and warrant to Pokeworks that any Personal Information or User Comments (collectively, the “User Content”) you upload to the Service or otherwise submit to Pokeworks will not violate any right of any third-party, including any copyright, trademark, or other intellectual property right or any privacy, personality or other personal or proprietary right of a third party. You further agree that any such User Content will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any part of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for the truthfulness and accuracy of any User Content you provide via the Service, and Pokeworks disclaims any and all responsibility and liability for any such User Content.

Online Ordering, Rewards, and Loyalty Programs

Pokeworks utilizes third-party service providers, Thanx and Olo to facilitate our online ordering, Pokeworks Rewards App, and Pokeworks Rewards Program (collectively, the “Pokeworks Programs”). By participating in any Pokeworks Program or using the online ordering service, you agree to these Terms and any specific terms applicable to the Pokeworks Programs as described herein. 

Please note: Thanx serves as a service provider to Pokeworks and does not maintain a separate, publicly available privacy policy or terms of service for end users. Accordingly, all disclosures, data practices, and rules governing your participation in Pokeworks’ online ordering and rewards programs are governed solely by these Terms and by our Privacy Policy.

The following are details regarding participation in the Pokeworks Programs:

  • Eligibility: In order to be eligible to enroll for and redeem Rewards, you must: (i) Be an individual person at least 18 years of age; (ii) Register for an account; (iii) Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence; and (iv) Not be a person barred from participating in the Loyalty Program under the laws of the United States or other applicable jurisdiction.
  • Account Creation: You may be required to create an account, which may involve providing personal information such as your name, email address, and phone number. You agree to provide accurate and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Loyalty Program Participation: The means by which you can earn promotional rewards offered by us may include (i) a digital “punch card” experience, whereby you purchase a specified number of qualifying products or services or participate in specified activities (each a “Qualifying Action”) pursuant to the Reward Opportunity Terms; (ii) opportunities to earn points that may be redeemed for rewards (“Points”); and (iii) other similar experiences where eligible spending or activity will earn you rewards (collectively, “Rewards“). You may be presented with offers to earn Rewards via email, mobile device notifications and other channels (“Reward Opportunities”). At any point in time you can opt-out of receiving additional information regarding Reward Opportunities through your account settings within the Services or as otherwise set forth in these Terms. Qualifying Actions will help you progress toward earning Rewards (“Reward Progress“) and reaching the designated threshold (a “Reward Threshold“) indicated in the applicable Reward Opportunity Terms. When you reach a Reward Threshold, you will have access to the Rewards which can be redeemed as set forth in the applicable Reward Opportunities.
  • Reward Points: Details regarding how rewards are earned, accumulated, and redeemed, including any expiration policies or limitations, are subject to Pokeworks’ sole discretion and may be updated from time to time. Information regarding current rewards structures will be made available through the Pokeworks Rewards App.
  • Online Ordering: When placing an online order through the Service, you agree that all purchases are final once confirmed, subject to our cancellation or refund policy (if any, as separately published). Pokeworks is not responsible for errors in your order input.
  • Important Notes About Your Cards and Transactions: By enrolling in Rewards and registering a payment card (“Linked Card”), you agree that the payment card network (e.g., AMEX, MasterCard or Visa) on which your payment card is issued may examine transactions (including returns) on your Linked Card to identify Qualifying Actions and share transaction data with Pokeworks and Thanx. We will use your information subject to the Privacy Policy available at https://pokeworks.com/privacy-policy/. Not all payment cards are eligible for use to earn Rewards. For example, corporate purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and payment cards that are not network-branded or otherwise not processed through a payment network are not eligible. If you use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card, the transaction will not count toward your ability to earn Rewards.
  • Reward Opportunity Terms: At the time a Reward Opportunity is made available to you, Reward Opportunity specific terms (“Reward Opportunity Terms”) will be made available to you which may include details related to (i) what actions may be required to earn Rewards; (ii) what Rewards are available to you if you complete the actions required by the Reward Opportunity; (iii) expiration details relating to either Reward Progress (e.g., Points), or ability to redeem Rewards, as applicable; and (iv) how you can redeem your Rewards. Reward Opportunity Terms for current Reward Opportunities may also be viewable on our web or mobile interface.
  • Rewards Expiration Will Vary. You should review the Reward Opportunity Terms presented to you. Rewards will expire pursuant to the Reward Opportunity Terms or as otherwise set forth in the section of these Terms entitled Termination, Account Cancellation or Suspension. You can view and track your balance and available Rewards through your account.
    • Verifying Your Account. You are responsible for ensuring your Reward Progress earned from Qualifying Actions are properly credited to your account. It may take up to 7 days after a Qualifying Action is made for your Reward Progress or Reward to be viewable via your account. You should email [email protected] if it has been more than 7 days and the Reward Progress has not been applied to your account. You may be asked to provide additional, supporting information, as required, to facilitate a request to update your Reward Progress. Requests received after 21 days of a Qualifying Action may not be eligible to be credited to your account. We are not responsible for investigating any Reward or Reward Progress request if you have not notified us within 21 days of the Qualifying Action. Your Rewards can also be reversed if any of the items you purchased in connection with a Qualifying Action are subsequently returned. We may also, at our discretion, delay any Reward or Reward Progress in order to validate or verify a Qualifying Action. Any attempt to earn Rewards through the purchase and return of merchandise in connection with a Qualifying Action will be considered possible grounds for termination of your account.
  • You Acknowledge:
    • Your accumulation of, and the redemption of, Rewards is subject to your compliance with these Terms (including any terms and conditions provided when you are presented with a Reward Opportunity);
    • We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical, printing, production, distribution, or similar errors, potential fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account with notice if we determine in our sole discretion that such Rewards were improperly credited to your account;
    •  The Reward Opportunities, Reward Progress, and Rewards are intended for personal use only. Commercial use is prohibited;
    • Your use of the Services and your activities in connection with the Services must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using the Services;
    • Neither Pokeworks nor our service providers are responsible or liable for any unredeemed, unused or lost Rewards or Reward Opportunities;
    • Reward Progress and Rewards are not gift cards or gift certificates and do not constitute property, do not entitle you to a vested right or interest and have no cash value. Therefore, Points and Rewards are not redeemable for cash, transferable, salable or assignable for any reason. No cash will be exchanged for the unused portion of any member’s Rewards;
    • Unless otherwise expressly permitted, your redemption of Rewards in connection with the Loyalty Program cannot be combined with any other offers or discounts;
    • Pokeworks reserves the right to change, modify, discontinue or cancel the Loyalty Program or any Reward Opportunity, at any time and in our sole discretion, without notice to you; and
    • You are solely responsible for use of the Services and your Rewards. You may only have one account that is personal to you.
    • Your only remedy for a failure of a Reward is to receive the equivalent Reward by contacting Pokeworks customer service.
  • Program Modifications and Termination: Pokeworks reserves the right to modify, suspend, or terminate any Pokeworks Program, or any aspect thereof, at any time without prior notice. This includes, but is not limited to, changes to earning rates, redemption values, eligible products, or program structure. Pokeworks will not be liable for any loss or damages resulting from such modifications, suspension, or termination.
  • Termination, Account Cancellation or Suspension: You may cancel your account at any time through the Services or by sending an email to [email protected]. Our Loyalty Program will continue until terminated at our sole discretion. We may terminate, modify, or suspend the Pokeworks Program as well as your access to and use of the Services and your account, at our sole discretion, at any time for any reason. Reasons for such a termination, modification, or suspension include without limitation:
    • You have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms),
    • We believe it is required to do so by law (for example, where the provision of the Services or Loyalty Program to you is, or becomes, unlawful); or
    • For any other reason in our discretion upon our provision of notice to you. If your account is terminated for cause pursuant to this Section, you may not later re-enroll in the Service.
    • Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Services to you or access to any of your account information. We will not be liable to you or to any third party for the suspension or termination of the Pokeworks Programs, your account, or your access to or use of the Services. Upon any termination, discontinuation or cancellation of the Loyalty Program, your account, or your access to or use of the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
  • All online ordering and reward features are managed through service providers on Pokeworks’ behalf. Any technical or performance issues within those services should be reported to Pokeworks or [email protected], and Pokeworks will coordinate as needed. We reserve the right to update or change service providers at any time.

SMS Terms of Service

By opting in to receive SMS communications from Pokeworks or a participating Pokeworks location (such as Pokeworks Irvine), you consent to receive recurring text messages related to promotions, updates, offers, order confirmations, follow-ups, appointment reminders, or other relevant communications based on your interaction with us. Message frequency may vary depending on the nature of the communication—for example, up to 10 messages per week for appointment-related topics.

Standard message and data rates may apply based on your mobile carrier plan, and charges may differ for domestic and international messaging.

You may opt in to SMS messaging in several ways, including verbally when speaking with a Pokeworks team member. Participation in our SMS program is not a condition of purchase. If you do not wish to receive SMS messages, simply leave the SMS consent checkbox on forms unchecked.

You can opt out of SMS communications at any time by replying “STOP” to any message you receive. After texting STOP, you will receive a one-time confirmation of your opt-out, and no further messages will be sent unless you re-enroll. You may also contact us directly to request removal from our SMS list.

For help or assistance with our SMS program, reply “HELP” to any message or visit https://pokeworks.com. You may also contact us at [email protected].

Information collected as part of the SMS consent process (such as your phone number) will not be sold or shared with third parties for their marketing purposes. We take your privacy seriously and use industry-standard safeguards to protect your data. Your information will be handled in accordance with our Privacy Policy.

Supported carriers are not liable for delayed or undelivered messages. You must be at least 13 years old to use this service.

Intellectual Property Ownership

Except for any Personal Information and User Content (subject to the rights granted to Pokeworks with respect thereto), you provide to Pokeworks via the Service, you agree that Pokeworks owns all rights, title and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos and other source identifiers related thereto or included therein (“Marks”) that appear on or in connection with any Products or any part of the Service are exclusively the property of Pokeworks and its affiliates, licensors (including Pokeworks) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by Pokeworks.

Term; Termination

These Terms will remain effective unless and until terminated by either you or Pokeworks. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms Pokeworks may suspend your ability to use the any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. Pokeworks will not have any liability whatsoever to you for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALL PARTS OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POKEWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. POKEWORKS MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN RISK, AND POKEWORKS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POKEWORKS OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL POKEWORKS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE.

IF YOU PROVE THAT POKEWORKS HAS IMPROPERLY DENIED YOU ANY REWARD (“REWARD DISPUTE”) AND POKEWORKS PROVIDES YOU WITH SUCH REWARD OR A COMPARABLE SUBSTITUTE, THEN SUCH REWARD SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE REWARD DISPUTE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POKEWORKS OR OUR SERVICE PROVIDERS (INCLUDING THANX, OLO, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF POKEWORKS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100).

POKEWORKS AND OUR SERVICE PROVIDERS (INCLUDING THANX, OLO, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Pokeworks and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Service.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the terms of this Section (this “Arbitration Agreement”) carefully. It is part of your contract with Pokeworks and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.

(a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and use of the Service or Products that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Pokeworks, and to any of your or Pokeworks’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent via email or by mail. Any Notice to Pokeworks shall be sent to either [email protected] or 220 Technology Dr., Suite 120, Irvine, CA 92618. After Notice is received, you and Pokeworks may attempt to resolve the claim or dispute informally. If you and Pokeworks do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding.

(c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Pokeworks’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.

(d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules.

(e) Time Limits. If you or Pokeworks pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Pokeworks. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pokeworks.

(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court.

(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.

(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Pokeworks.

(l) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Pokeworks may bring an individual action in small claims court.

(m) Claims Not Subject To Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, 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 shall not be subject to this arbitration agreement.

(n) Courts. In the event any litigation should arise between you and Pokeworks in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.

Miscellaneous

Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. Pokeworks and you also agree to apply The California Arbitration Act (“CAA”) which regulates private arbitration in California. See Cal. Civ. Proc. Code § 1280 et seq.

California Consumer Complaints. If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Notice. Where Pokeworks requires that you provide an email address, you are responsible for providing Pokeworks with your most current email address. In the event that the last email address you provided to Pokeworks is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Pokeworks’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Pokeworks only at the following address: Beyond Restaurant Group, LLC d/b/a Pokeworks, 220 Technology Dr., Suite 120, Irvine, CA 92618, with a copy to [email protected]. Such notice shall be deemed given when received by Pokeworks by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.

Export Control. You may not use, export, import, or transfer any part of the Service or any Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Products or such Service, and any other applicable laws. In particular, but without limitation, no Product and no part of the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (A) 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 (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service or any Products for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by the Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any Products or any part of the Service or any other technology of Pokeworks, either directly or indirectly, to any country in violation of such laws and regulations.

Electronic Communications. The communications between you and Pokeworks use electronic means, whether you visit the Service or send Pokeworks emails, or whether Pokeworks posts notices on any part of the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Pokeworks in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pokeworks provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Release. You hereby release Pokeworks, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arises from your use of the Service, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Pokeworks’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Pokeworks’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Pokeworks’ assets.

Force Majeure. Pokeworks shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims. If you have any questions or complaints with respect to the Site, Service, or Products provided by Pokeworks, please contact us by writing to: Beyond Restaurant Group, LLC d/b/a Pokeworks, 220 Technology Dr., Suite 120, Irvine, CA 92618, with a copy to [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.