Terms and Conditions for Our site
Last updated: January 19, 2024
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ono's Teriyaki Inc. Dba Surf Brothers Teriyaki, 7668 El Camino Real #104-202, Carlsbad, CA 92009.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Our site, accessible from www.surfbrothers.net
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Delivery may be available for qualifying orders placed through the online ordering Services for participating Surf Brothers Teriyaki locations. Menu items are available for delivery, and prices for those items may vary by location. Orders must be placed within delivery times and for delivery within the specified radius of the participating Surf Brothers Teriyaki restaurant. Not all Surf Brothers Teriyaki restaurants offer delivery Services; if delivery is available, it may be available only to a limited geographic area. Delivery hours may be limited and may vary. Delivery orders require a minimum order of a certain amount (before applicable taxes and fees (including separately stated delivery and service fees)), which may vary by restaurant location. The delivery fee does not include a voluntary tip or gratuity provided to the driver. Delivery orders must be placed using applicable online ordering Services.
Menu prices for delivery Services may be higher than at those at physical Surf Brothers Teriyaki locations or those available through the online ordering services for pick-up, and additional delivery and other service fees may apply. Applicable (additional) delivery fees and service fees may vary by location and are subject to change at any time. Some locations may charge a supplemental delivery charge based on generally higher delivery costs or other factors. You will be able to see pricing and all applicable delivery/service fees on the checkout screen before placing your delivery order. Do not proceed with ordering if you do not agree with the prices charged or for any delivery fee, service fee, or other related surcharges identified on the checkout screen.
You may enter your address on the Site or Services to see nearby Surf Brothers Teriyaki locations and delivery options. Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. Surf Brothers Teriyaki is not responsible for inaccurate delivery time estimates or late deliveries. Surf Brother Teriyaki locations that offer delivery may also offer an order or location tracking system via your mobile phone. Data usage or other like fees owed to your mobile carrier may apply.
You understand and agree that deliveries placed through the online ordering Services may be fulfilled by a third-party delivery service. Any issue with or complaint regarding any of these third-party services or orders should be directed to that third party and not to Surf Brothers Teriyaki.
Third parties may also offer delivery services through their websites, apps, or other means. Surf Brothers Teriyaki does not review and is not responsible for any statements or claims (including price representations) made on those third-party sites or apps and has no responsibility to you for an order made through a third party. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that third party and not to Surf Brothers Teriyaki.
Surf Brothers Teriyaki may provide you the ability to order online from their website or third-party services. Images of menu items on the Site or Services may not be identical to what is available or that you may receive from individual Surf Brothers Teriyaki locations
You are responsible for payment of your order by means of a payment option made available through the online ordering services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. Surf Brothers Teriyaki will charge, and you authorize Surf Brothers Teriyaki to charge the payment method you specified at the time of your order. We use third-party providers and may accept various third-party services to process payments.
When you place your order, Surf Brothers Teriyaki is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order.
You understand that (i) the prices for menu items displayed through the online ordering Services may differ from the prices offered or published for the same menu items at a physical Surf Brothers Teriyaki location, (ii) the prices for menu items may differ depending on geography and specific Surf Brothers Teriyaki location within any geography, (iii) the prices for menu items may differ depending on whether you order for dine-in, pick up or delivery (separate from any delivery fee(s)), (iv) the prices for menu items may differ depending on whether you order from a Surf Brothers Teriyaki location, and (v) Surf Brothers Teriyaki reserves the right to change the prices displayed through the online ordering Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes and fees, separately stated delivery and service fees, or other related surcharges. Charges paid for completed orders are final and non-refundable. Surf Brothers Teriyaki has no obligation to provide refunds or credits but may grant them, in our sole discretion. Refunds, if any, of amounts paid for canceled catering orders will be identified at the time of cancellation.
Minimum order amounts may apply for orders placed through the online ordering Services. Any applicable taxes and fees separately stated delivery and service fees, or other related surcharges due in connection with your order would be identified on the checkout screen before you place your order. If you do not agree to the prices charged for the items listed or any delivery fee, service fee, or related surcharge identified on the checkout screen, do not proceed with ordering. There may be limits on the dollar amounts and number of orders that may be placed through the online ordering Services. Discounts, coupons, and other offers may not all be able to be combined with orders placed through online ordering Services.
Third parties may offer online ordering services through their own websites, mobile applications, or other means. Surf Brothers Teriyaki does not review and is not responsible for any statements or claims (including price representations) made on those third-party sites or apps and has no responsibility to you for an order made through a third party. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that third party and not to Surf Brothers Teriyaki.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, FRANCHISEES AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS
If you and Surf Brothers Teriyaki have a Dispute (defined below) and our customer service team is unable to resolve your concerns, you and Surf Brothers Teriyaki agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and Surf Brothers Teriyaki each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details), and a detailed description of: (i) the nature and basis of the Dispute, with any relevant documents and supporting information; and (ii) a statement of the specific relief sought (including a detailed calculation of any damages). A Notice of Dispute must be mailed to the Surf Brothers Teriyaki Legal Department, at 7668 El Camino Real, Suite 104-202, Carlsbad, CA, 92009. Surf Brothers Teriyaki will provide a Notice of Dispute to you via the address associated with your account, if available (the “Notice Address”). You or we must personally sign the Notice of Dispute. A personal signature must be handwritten and does not include any digital or electronic signature. By personally signing the Notice of Dispute, you or we certify that: (1) the Notice of Dispute is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or impose unnecessary costs (including arbitration fees); (2) the Dispute has legal support and is not frivolous; and (3) the factual contentions have evidentiary support, or if so specified, will have evidentiary support after a reasonable opportunity for further investigation.
If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.
For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and Surf Brothers Teriyaki agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Surf Brothers Teriyaki may commence an arbitration proceeding pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY SURF BROTHERS TERIYAKI PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, BENEFITS, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES AND/OR AN APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT.
All Disputes shall be submitted for binding arbitration in accordance with the Consumer Rules of the American Arbitration Association (“AAA Rules”) then in effect. The AAA Rules are available on its website at https://adr.org/sites/default/files/Consumer%20Rules.pdf. To commence arbitration, a Demand for Arbitration is required to be executed and served on Surf Brothers Teriyaki Legal Department, at 7668 El Camino Real, Suite 104-202, Carlsbad, CA 92009 pursuant to instructions provided by AAA to submit a Dispute to arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf.
The arbitration will be heard and determined by a single, neutral arbitrator. The arbitration shall take place telephonically unless an in-person hearing is specifically requested by either party. If an in-person hearing is requested, such in-person hearing shall take place in the county of the billing address associated with your account or the county where you reside in the instance where no account exists. You and a Surf Brothers Teriyaki representative must personally appear (with counsel if you or we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Disputes may also be referred to an arbitration organization other than AAA if you and Surf Brothers Teriyaki agree in writing.
The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.
The parties shall be responsible for their own attorneys' fees and costs in arbitration unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. Under Federal Rule of Civil Procedure 11, the arbitrator shall have the authority to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Surf Brothers Teriyaki will pay all fees and costs that we are required by law to pay.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided herein.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law subject to any applicable limitation of liability, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: