Terms of Use

Your access and use of the web sites and apps on which these terms reside (collectively, the “Platform”), and the features, loyalty and other programs, events and services offered on or in connection with this Platform (collectively, the “Services”), are subject to these Terms of Use (this “Agreement”), which sets forth a legally binding agreement between you and The Habit Restaurants, LLC (“Habit Burger”).

Please read this Agreement carefully before accessing or using this Platform or participating in any Services. If you do not agree to the terms contained in this Agreement, then you may not access or use the Platform or participate in the Services. Your access or use of the Platform or participation in any Service constitutes your acknowledgment that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, conducting this transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration provision, class action waiver, jury trial waiver, and a choice of California law except as otherwise provided herein. In arbitration, there is less discovery and appellate review than in court. Please read these provisions carefully as they affect your legal rights. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your access and use of the Platform and your participation in any Services.

From time to time Habit Burger may update this Platform and this Agreement. You understand and agree to periodically review this Agreement posted on this Platform for any changes. Your continued access or use of this Platform or your participation in any Services after Habit Burger posts changes to this Agreement constitutes your agreement to those changes effective immediately. Habit Burger may, in its sole discretion, and at any time, discontinue this Platform or any part thereof and any of the Services, with or without notice, or may prevent your use of this Platform or the Services with or without notice to you. You agree that you do not have any rights in this Platform and Habit Burger will have no liability to you if this Platform is discontinued or your ability to access or use the Platform is terminated.

YOU MAY NOT USE THE PLATFORM OR ANY SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS OR USE TO THE PLATFORM OR PARTICIPATION IN ANY SERVICES MAY BE TERMINATED IMMEDIATELY IN HABIT BURGER’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.

TABLE OF CONTENTS

1. LICENSE
2. USE OF THE PLATFORM
3. DISPUTE RESOLUTION (INCLUDING INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER)
4. COMMUNICATING WITH HABIT BURGER
5. MOBILE SERVICE, INTERNET, AND SERVICE FEES
6. ACCOUNTS, PASSWORDS, AND SECURITY
7. TRANSACTIONS AND PRODUCT AVAILABILITY
8. CHARCLUB
9. REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY
10. LINKS TO THIRD-PARTY PLATFORMS AND SERVICES
11. ASSIGNMENT
12. GENERAL
13. ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM
14. USERS OF THE APPLE MOBILE APP PLATFORM
15. MOBILE APP PLATFORM UPDATES
16. OUR INTELLECTUAL PROPERTY RIGHTS
17. NOTICE TO CALIFORNIA USERS
18. PRIVACY POLICY

1. LICENSE

Habit Burger grants you a limited, nonexclusive, revocable license to use portions of the Platform solely for your own private, non-commercial purposes only and solely in accordance with the terms of this Agreement. You acknowledge that any reliance on the Platform or any Content (as hereafter defined) will be at your own risk. Habit Burger also makes no representations regarding the amount of time that any Content will be preserved. The Platform, and any services performed, provided or enabled by or through the Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, layout and other materials provided to you via the Platform and the compilation of the foregoing (collectively “Content”), are intended only for the lawful use by users of the Platform. The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Habit Burger, and/or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by Habit Burger that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Habit Burger if any of your information changes. Habit Burger makes no representation that the Platform or Content is appropriate or available for use in particular locations.

The Platform, Content, Platform Updates (as defined below), documentation, and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Habit Burger subject to the terms of this Agreement. The rights granted herein are non-transferable, and are limited to Habit Burger’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Habit Burger proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate Habit Burger to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform.

You agree not to download, display, or use any Content use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Habit Burger, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Habit Burger or its licensors’ property, or that otherwise infringes Habit Burger or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.

2. USE OF THE PLATFORM

The following requirements apply to your use of the Platform:

 

  • You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Habit Burger.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not collect or store personal data about other users.
  • You will not use the Platform for any commercial purpose not expressly approved by Habit Burger in writing.
  • You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
  • You will not upload, post, email, include in any Messages (as hereafter defined) or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Habit Burger’s system or any third party’s computer. You further agree that you will not share or post any content that undermines the operation of the Platform, a message board, chat room, forum or other feature.
    By displaying, publishing, or otherwise posting any content on or through the Platform and/or providing Habit Burger with any such content, you hereby grant Habit Burger a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You represent and warrant that you own such content and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

3. DISPUTE RESOLUTION (INCLUDING INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER)

Please Read This Section Carefully – It Significantly Affects Your Legal Rights, Including Your Right to File a Lawsuit in Court

You and Habit Burger agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of this Agreement and your relationship with Habit Burger. It is Habit Burger’s goal that we meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Habit Burger is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against Habit Burger (a “Dispute,” as defined below), you acknowledge and agree that you will first give Habit Burger an opportunity to informally resolve your Dispute as set forth below in this section. Habit Burger agrees that it will do the same as to any Dispute that it might have with you. “Dispute” shall be interpreted broadly and shall include any dispute or claim arising out of or relating to this Agreement, your access or use of the Platform, your participation in any Service, or your relationship with Habit Burger whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims or piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement and (b) issues that relate to the validity and enforceability of the arbitration agreement. This Agreement and the arbitration agreement do not prevent you from bringing a Dispute to the atention of a government agency.

Mandatory Informal Dispute Resolution Process. Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or Habit Burger has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with Habit Burger, you agree to provide Habit Burger with the

Notice by sending the Notice by certified mail to the following address: Habit Burger, Attn: Legal Department, 1 Glen Bell Way, Irvine, California 92618, or in accordance with the Notice provisions of this Agreement. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for Habit Burger or you to identify any relevant transactions, accounts, or experiences; and (e) the party’s mailing address, email address, and a phone number. Any Notice that you submit must be signed by you and any Notice that Habit Burgers submits must be signed by a Habit Burger representative. If you want Habit Burger to speak with your representative, please also provide Habit Burger with a signed authorization to do so.

During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with counsel if represented) if Habit Burger makes such a request, and we agree to have a Habit Burger representative personally attend any such conference (along with counsel if represented) if you make such a request. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process in arbitration. You or Habit Burger may commence arbitration if the Dispute is not resolved through this process.

Agreement to Binding Individual Arbitration. You and we agree that subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between you and Habit Burger shall be final and binding individual arbitration.

Exception – Small Claims Court. Notwithstanding the foregoing, either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

Arbitration Procedures. You and we acknowledge that this section of the Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law (and not state arbitration law) apply (despite any other choice of law provision).

Arbitration under this Agreement shall be administered by the American Arbitration Association (the “AAA”) in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/rules, as modified by this

Agreement. You and we understand that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that shall do so. The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to reimburse them so long as you have fully complied with the informal dispute resolution process as set forth above and your claim is not held by an arbitrator to be frivolous or brought for an improper purpose. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to negotiate with the AAA regarding arbitration fees, and you and we agree to work together in good faith to ensure that arbitration remains cost-effective for all parties. The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented. By signing the arbitration demand, the claimant, or the claimant’s attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all parties and counsel.

The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. Any in-person hearing will be conducted in the county or parish in which you reside or at another location that is reasonably convenient for you. You may choose to have the arbitration conducted by a phone, telephonic, or video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Habit Burger reserve the right to request a hearing in any mater from the arbitrator. You and a Habit Burger representative shall appear at any hearing (with counsel if represented). Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. The parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

The arbitrator may not award relief to anyone who is not a party to the proceeding. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 shall be applied by the arbitrator after entry of an award. The arbitrator shall be bound by this Agreement as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding to which you are not a named party. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.

Additional Procedures for Mass Arbitration Filings. If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against Habit Burger and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that these additional procedures shall apply. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and the AAA’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submited to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

  • Stage One. If at least 50 Disputes are submited as part of the Mass Arbitration, counsel for the claimants and counsel for Habit Burger shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Habit Burger shall pay the mediator’s fee.
  • Stage Two. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Habit Burger shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Habit Burger shall again pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address by certified mail within 30 days of the change: Habit Burger, Attn: Legal Department, 1 Glen Bell Way, Irvine, California 92618. Such written notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you are agreeing that you will arbitrate any Dispute as between you and Habit Burger in accordance with this version of the arbitration agreement.

Class Action Waiver and Jury Trial Waiver.

You and Habit Burger each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent permitted by law, you and Habit Burger waive the right to a jury trial.

4. COMMUNICATING WITH HABIT BURGER

On certain areas of the Platform you may be given the ability to contact Habit Burger by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Habit

Burger products, to register for a particular sweepstakes or contest, or to participate in interactive forums, like chat rooms and message boards. The information that you provide to Habit Burger through the Platform is governed by Habit Burger’s Privacy Policy.

By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to Habit Burger in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Habit Burger may be used by Habit Burger anywhere, anytime, and for any reason whatsoever.

5. MOBILE SERVICE, INTERNET, AND SERVICE FEES

The Use Of The Platform On A Mobile Device (Whether The Habit Burger Mobile Application (“Mobile App”) Or Mobile Web Platform) Requires Use Of A Mobile Device And Wireless Mobile Data Service, Which Must Be Obtained From Your Wireless Carrier, And May Require Internet Access, Which Must Be Obtained From Your Service Provider; You Are Responsible For Obtaining And Paying For Such Additional Services And Obtaining A Suitable Device, Including Without Limitation All Usage Charges Related Thereto. You May Be Required To Send And Receive, At Your Cost, Electronic Communications Related To The Platform And The Program (as hereafter defined), Including Without Limitation, Administrative Messages, Service Announcements, Diagnostic Data Reports, And Platform Updates, From Habit Burger, Your Mobile Carrier Or Third Party Service Providers. If You Do Not Have An Unlimited Wireless Mobile Data Plan, You May Incur Additional Charges From Your Wireless Service Provider In Connection With Your Use Of The Platform. You Are Solely Responsible For Obtaining Any Additional Subscription Or Connectivity Services Or Equipment Necessary To Access The Platform, Including But Not Limited To Payment Of All Third Party Fees Associated Therewith, Including Fees For Information Sent To Or Through The Platform.

The Platform May Not Work With All Computers, Browsers, Devices Or All Mobile Carriers. Habit Burger Makes No Representations That The Platform Will Be Compatible With Or Provided By All Computers, Browsers, Devices, Or Mobile Carriers. Certain Device And Browser Combinations May Not Support Online Ordering Features And Other Platform Features. In The Event That Fees Are Charged For The Platform, Or Other Third Party Service Providers Charge A Fee For The Products Or Services They Provide, You Agree To Pay Such Fee To The Respective Party In Exchange For Your Continued Use Of Such Products Or Services. Some Services May Be Subject To Different Or Additional Terms (Including Fees), Which You Will Be Required To Agree To Prior To Your Use Of Such Services.

Some Functionality Of The Platform, Including Mobile Payment, Location Based Services And Functionality, And Access Of The User’s Address Book And Photo Library May Require The Transmission Of Information Provided By The User Including, Without Limitation, Names, User Names And Passwords, Addresses, E-Mail Address, Photos, Financial Information (Such As Credit Card Numbers), Information Related To A Habit Burger Gift Card, And/Or GPS Location. If The User Uses Such Platform Functionality, The User Consents To The Transmission Of User Information To Habit Burger And/Or Its Agents And Authorizes Habit Burger And/Or Its Agents To Record, Process, And Store Such User Information As Necessary For The Platform Functionality And For Purposes Described In The Habit Burger Privacy Policy.

6. ACCOUNTS, PASSWORDS, AND SECURITY

Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This may include loyalty and rewards programs, as well as return policies for certain transactions. In the event of any conflict between this agreement and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Platform and not on the mobile app version(s) of the Platform, and vice versa.

If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Habit Burger with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and you may be asked to choose a password. You understand and agree that you may be required to verify your email address to complete the account registration process and that you may be required to click a link in an email sent by or on behalf of Habit Burger to complete each login to your Habit Burger account. It is entirely your responsibility to maintain the confidentiality of your login credentials, any password, your e-mail address and e-mail account, and your Habit Burger account, including maintaining the physical security of your device. If the Platform permits you to login using your device’s fingerprint sensor, only enable such a feature if the device is your own personal device. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities undertaken with your device, any Habit Burger gift card or stored payment card, whether authorized or unauthorized. You agree to notify Habit Burger immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user id, password, or other information which provides you access to the Platform. Habit Burger is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Habit Burger shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You agree that Habit Burger and Habit Burger’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Habit Burger the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Habit Burger believes you may be interested, including working with third parties who provide targeted advertising content.

7. TRANSACTIONS AND PRODUCT AVAILABILITY

Through the Platform, you may be able to order and/or pay for Habit Burger or third-party products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Habit Burger gift card numbers.

You may also be asked to supply delivery or shipping information. You represent and warrant that you have the legal right to use any credit or debit card or other payment method utilized in connection with any transaction. By submitting such information, you grant to Habit Burger and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Habit Burger may permit you, through the Platform, to order menu items or other products or services from a Habit Burger location. You agree that your order is an offer to buy, under these Terms, the products and services listed in your order. Habit Burger may choose not to accept orders through the Platform, in its sole discretion, even after sending a confirmation email with an order number and order details.

All descriptions, images, features, specifications, products, and prices of products or services are subject to change at any time without notice. The inclusion of any products or services on the Platform does not imply or warrant that these products or services will be available. Habit Burger reserves the right, with or without prior notice, to do any one or more of the following for any reason: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar you from making or completing any or all transactions; and (d) refuse to provide you with any product or service.

You agree to pay all charges incurred by you, on your behalf, or by your account through the Platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that web and mobile ordering and the ability to purchase products and services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location. Posted prices do not include taxes or charges for delivery and handling and any other service fees or charges. All such taxes and charges will be added to your order total, and will be reflected in your shopping cart and in your order confirmation. Habit Burger may charge you convenience or service fee(s) in addition to the amounts charged in connection with a transaction utilizing the Platform, which convenience or service fee(s) will be displayed on the Platform and in your order confirmation. Prices posted on the Platform may be different than prices offered at each Habit Burger location. All prices, discounts, and promotions posted on the Platform are subject to change without notice. The inclusion of any product or service on the Platform does not imply or warrant that these products or services will be available at a particular restaurant.

Habit Burger will not accept returns of products or services purchased through the Platform. You may be entitled to a refund, at the sole discretion of Habit Burger or its agents, based on the individual circumstances underlying each request. All refunds will be processed via the payment method used to place the applicable order. Please allow at least four weeks for any refund to be processed; refund times may vary based on your payment card issuer.

You understand and agree that, except as otherwise set forth herein or as otherwise determined by Habit Burger in Habit Burger in Habit Burger’s sole discretion, you will be charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order except to the extent edit options are made available on the Platform in Habit Burger’s sole discretion. After you have placed an order for delivery (where available) or checked-in by selecting “drive-thru” or “in-store”/“in-restaurant” or you have otherwise directed Habit Burger to begin preparation of your order by means designated by Habit Burger and communicated to you in Habit Burger’s sole discretion, you may not cancel your order. Breakfast items must be picked up before the designated time at the applicable restaurant (which time is subject to change in Habit Burger’s discretion). Except with respect to a Habit Burger in-restaurant ordering kiosk, the Platform’s ordering functionality is intended for off-site use only and is not for use for placing an order from within a Habit Burger restaurant.

In some locations, you may be able to place an order for delivery. Habit Burger and its delivery vendor(s) reserve the right to accept or decline an order for any reason up until the time the product is actually delivered to you. You acknowledge and agree that delivery times may vary and that Habit Burger makes no warranty or guarantee with respect to when your order will be delivered. Time estimates for deliveries are provided for convenience only and are subject to change. Habit Burger is not responsible for inaccurate delivery time estimates. Delivery is not available in all locations and, if delivery is available, it may be available only to a limited geographic area and only for a limited time. Menu items available for delivery, and prices for those items, may vary by restaurant location. Orders for delivery must be placed within delivery times for, and for delivery within the specified radius of, the participating Habit Burger location. Delivery hours may be limited and may vary. You agree that your delivery request (where available) may be fulfilled by a third party in Habit Burger’s discretion. You further acknowledge and agree that there may be delivery fees, service fees, surge fees, small order fees, supplemental fees and charges, driver benefit fees, and other fees and charges associated with orders placed for delivery and that these fees and charges may vary by location and are subject to change at any time. In Habit Burger’s discretion from time to time, menu prices for delivery services may be higher than menu prices at restaurant locations or menu prices available through the Platform for in-restaurant pick-up. Delivery and service fees are not a driver tip or gratuity. A minimum purchase may be required for delivery in Habit Burger’s sole discretion from time to time. Prices posted by third-party delivery sites may be different from prices offered on the Platform or at each Habit Burger location. Habit Burger does not warrant the completeness or accuracy of any information provided by third-party delivery sites. You expressly agree that Habit Burger may provide your contact information, including, without limitation, your telephone number and email address, to its delivery vendor(s) including so that you may receive information regarding your order.

Habit Burger may contact purchaser with a short online survey to collect feedback related to their Habit Burger experience.

ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

8. CharClub

(A) In order to access our CharClub, you may have to become a registered user. If you are under the age of sixteen, then you are not permitted to register as a user or otherwise submit personal information.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a unique user name using your email address (a “Membership”). Duplicate email addresses and/or auto-generated email addresses will not be accepted. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Membership.
(C) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and any offers associated with it and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the leter and spirit of the CharClub and The Habit Burger & Grill Privacy Policy. You agree that Habit Burger & Grill is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.

9. REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY

Habit Burger And Its Parents, Subsidiaries, Officers, Employees, And Website Contractors And Each Of Their Officers, Employees, And Agents (Collectively, “Habit Burger Affiliates”) Make No Representation Or Warranty Whatsoever Regarding The Completeness, Accuracy, Timeliness, Or Adequacy Of Any Information, Facts, Views, Opinions, Statements, Or Recommendations Contained On The Platform. Reference To Any Product, Process, Publication, Or Service Of Any Third Party By Trade Name, Domain Name, Trademark, Service Mark, Logo, Manufacturer, Or Otherwise Does Not Constitute Or Imply Its Endorsement Or Recommendation By Habit Burger Or The Habit Burger Affiliates.

Habit Burger And The Habit Burger Affiliates Are Not Responsible For Any Resulting Damage To Any User’s Device Or Computer From Any Virus, Bug, Tampering, Unauthorized Intervention, Fraud, Error, Omission, Interruption, Deletion, Defect, Delay In Operation Or Transmission, Computer Line Failure, Or Any Other Technical Or Other Malfunction. You Should Also Be Aware That E-Mail And Other Submissions Over The Internet May Not Be Secure And You Should Consider This Before E-Mailing Habit Burger Or The Habit Burger Affiliates Any Information Or Posting Information To The Platform. Habit Burger And The Habit Burger Affiliates Make No Representation Or Warranty Whatsoever Regarding The Suitability, Functionality, Performance, Availability, Or Operation Of The Platform. This Platform May Be Temporarily Unavailable Due To Maintenance, Malfunction Of Computer Equipment, Or Other Reasons.

THE PLATFORM (INCLUDING ALL PLATFORM UPDATES),THE SERVICES, AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. HABIT BURGER AND THE HABIT BURGER AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND THE CONTENT. HABIT BURGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL BE CORRECTED. No Oral Or Written Information Or Advice Given By Habit Burger Or An Authorized Representative Shall Be Deemed To Alter This Disclaimer Of Warranty, Or To Create Any Warranty. Should The Platform Prove Defective, You Assume The Entire Cost Of All Necessary Servicing, Repair Or Correction.

YOU AGREE THAT HABIT BURGER AND THE HABIT BURGER AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (A) THE PLATFORM, THE SERVICES, THE CONTENT, MESSAGES, AND/OR ANY SERVICES PERFORMED THROUGH THE PLATFORM OR ANY FAILURE OF PERFORMANCE; (B) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HABIT BURGER, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT OR PARTICIPATION IN ANY SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (E) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF HABIT BURGER OR THE HABIT BURGER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF HABIT BURGER’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. HABIT BURGER DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL HABIT BURGER OR THE HABIT BURGER AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. LINKS TO THIRD-PARTY PLATFORMS AND SERVICES
The Platform May Provide Connectivity Or Links To Other Third-Party Services, Websites, Applications, Software, And Other Content From Third-Party Providers Such As Social Media Partners, Wireless Carriers, And Third-Party Software Application Developers (“Third-Party Services”). The Platform May Allow You To Add/Configure Certain Third-Party Services To Your Device. The Platform May Also Permit You To Login To The Platform Through A Facebook Or Other Social Media Account. Habit Burger Has No Control Over, Makes No Representations Or Warranties Whatsoever About Any Of The Third-Party Services That You May Access, Is Not Responsible For The Availability Of Such Third-Party Services, And Does Not Endorse Nor Is Responsible Or Liable For Any Content Or Other Materials On Or Available From Such Third-Party Services. Your Use Of The Third-Party Services May Be Subject To Additional Terms, Including Software License Terms, Of Those Third Parties.

If You Use Third-Party Services, You Agree That You Are Aware That Account And Other Personal Information Held By Those Third Parties May Be Transmitted Through And Stored On Habit Burger Servers And/Or Applications Located In The United States And Elsewhere. You Understand And Agree That The Companies That Provide The Third-Party Services May Access, Use And Share Certain Information About You, If You Use The Third-Party Services. You Understand And Agree Habit Burger Is Not Responsible For These Companies, Or Their Use Of Any Other Of Your Information. Your Use Of The Third-Party Services Is At Your Own Risk.

11. ASSIGNMENT

Habit Burger May Assign This Agreement, In Whole Or In Part, At Any Time With Or Without Notice To You. You May Not Assign This Agreement, Or Any Part Of It, To Any Other Person. Any Attempt By You To Do So Is Void. You May Not Transfer To Anyone Else, Either Temporarily Or Permanently, Any Rights To Use All Or Any Part Of The Platform. To The Extent That You Allow A Third Party To Use Your Device, You Shall Remain Solely Responsible For The Use Of The Platform By Others Using The Device.

12. GENERAL

BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, PARTICIPATING IN THE SERVICES, AND/OR ACCEPTING ANY INFORMATION OR SERVICES FROM OR THROUGH THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HABIT BURGER AND THE HABIT BURGER AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT OR PARTICIPATION IN THE SERVICES; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM OR PARTICIPANT IN THE SERVICES; (G) THE THEFT, MISAPPROPRIATION, MISUSE, OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS OR THE E-MAIL ACCOUNT ASSOCIATED WITH YOUR HABIT BURGER ACCOUNT; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD OR THE E-MAIL ACCOUNT ASSOCIATED WITH YOUR HABIT BURGER ACCOUNT; AND/OR (I) YOUR USE OF ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO ANY PROPERTY. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN HABIT BURGER’S DEFENSE OF ANY CLAIM. HABIT BURGER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF HABIT BURGER.

This Agreement Constitutes The Entire Agreement Between You And Habit Burger Governing Your Use Of The Platform and Participation in the Services, Superseding Any Prior Agreements Between You And Habit Burger Relating To Your Use Of The Foregoing. You May Also Be Subject To Additional Terms And Conditions (Including, But Not Limited To, Terms And Conditions From Your Wireless Carrier Or Operator) That May Apply To Your Use Of The Platform. If Any Provision Of This Agreement Is Held To Be Invalid By Any Law, Rule, Order, Or Regulation Of Any Government Or By The Final Determination

Of Any State Or Federal Court, Such Invalidity Shall Not Affect The Enforceability Of Any Other Provision Of This Agreement. In The Event That Any Provision Of This Agreement Shall Be Illegal Or Otherwise Unenforceable, Such Provision Shall Be Severed, And The Balance Of The Agreement Shall Continue In Full Force And Effect. The Failure Of Habit Burger To Exercise Or Enforce Any Right Or Provision Of This Agreement Shall Not Constitute A Waiver Of Such Right Or Provision. The Section Titles In This Agreement Are For Convenience Only And Have No Legal Or Contractual Effect.

By Using The Platform and/or Participating in the Services, You Agree That The Statutes And Laws Of The United States And The State Of California, Without Regard To Conflicts Of Laws Principles, Will Apply To All Maters Relating To Use Of The Platform And The Services, And You Agree That Any Litigation Shall Be Subject To The Exclusive Jurisdiction Of The State Or Federal Courts In California. The United Nations Convention On Contracts For The International Sale Of Goods (1980) Is Hereby Excluded In Its Entirety From Application To This Agreement.

You Agree That Any Claim Or Cause Of Action Arising Out Of Or Related To Use Of The Platform Or This Agreement Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose Or Be Forever Barred.

YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM, THE SERVICES, AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this agreement, and your consent to receive communications about this agreement electronically. If you wish to receive communications in another manner, you may contact Habit Burger at HBGPrivacy@yum.com to change your communication preferences. You may not use or otherwise export or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. Embargoed Countries, or that has been designated by the U.S. Government as a “terrorist supporting country” or (b) to anyone on the U.S. Treasury Department’s list of specially designated nationals or the U.S. Department of commerce denied person’s list or entity list. By using the Platform, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Platform for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

In the event of a complaint or concern regarding this agreement or the Platform, or for more information, please contact Habit Burger at www.habitburger.com/contact-us or at the following address: Habit Burger Corp., 1 Glen Bell Way, Irvine, CA 92618.

Both you and Habit Burger acknowledge and agree that no partnership is formed and neither of you nor Habit Burger has the power or the authority to obligate or bind the other. On certain areas of the Platform, you may be given the ability to provide personally identifiable information. Please read Habit Burger’s Privacy Policy; for more information about Habit Burger’s information collection and use practices. The failure of Habit Burger to comply with this agreement because of an act of god, war, fire, riot, terrorism, earthquake, actions of federal, state, territorial, or local governmental authorities, or for any other reason beyond the reasonable control of Habit Burger, shall not be deemed a breach of this agreement.

If this agreement or your permission to use the Platform is terminated by Habit Burger for any reason, the terms of this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of these Platform and anything relating to or arising from such use. If you are dissatisfied with the Platform or with this agreement or the Privacy Policy, then your sole and exclusive remedy is to discontinue using the Platform.

13. ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM

Users of the mobile app Platform expressly consent to receive push notifications from and on behalf of Habit Burger.

14. USERS OF THE APPLE MOBILE APP PLATFORM

If you download and/or use the iPhone or iPad Platform: you, the end-user of this Platform, acknowledge that this agreement is entered into by and between Habit Burger and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the app store Terms and Conditions located online at https://www.apple.com/legal/itunes/us/terms.html#apps. This agreement incorporates by reference the licensed Platform end user license agreement (the “laeula”) published by Apple, Inc. located online at https://www.apple.com/legal/itunes/appstore/dev/stdeula/. For purposes of this agreement, the Platform is considered the “licensed Platform” as defined in the LAEULA and Habit Burger is considered the “Platform provider” as defined in the LAEULA. If any terms of this agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.

15. MOBILE APP PLATFORM UPDATES

Habit Burger may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform updates”). The license granted herein allows you to download and use the Platform updates to update the Platform on any device that you own or control. This agreement does not allow you to update devices that you do not own or control, and you may not make the Platform updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform updates, unless such copy is authorized in writing by Habit Burger.

Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform updates, or any part thereof. Any attempt to do so is a violation of the rights of Habit Burger and its licensors of the Platform and Platform updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Platform and Platform updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

Habit Burger may, at its discretion, automatically upload Platform updates to your device. you agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform and Platform updates are subject to United States export laws and regulations. you must comply with all domestic and international export laws and regulations that apply to the Platform and Platform updates. These laws include restrictions on destinations, end users, and end use.

16. OUR INTELLECTUAL PROPERTY RIGHTS

The Services and their entire contents, features and functionality (including but not limited to all information, software text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Habit Burger & Grill, Respect the Burger, Char More. Charge Less. There’s No Substitute for Quality! and each of their logos are the trademark of Habit Burger. You must not use such marks without our prior written permission. All other trademarks appearing on the Services are the property of their respective owners. Certain elements of the Habit Burger’s mobile app are licensed pursuant to one or more of the United States patents described at https://www.35usc287.com/mobile.

17. NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to HBGPrivacy@yum.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. PRIVACY POLICY

By using, communicating through, or submitting information through the Services, you consent to all actions taken by us with respect to your information in compliance with the Habit Burger Privacy Policy, which is hereby incorporated by reference into this Agreement.

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