Truxton’s American Bistro Club Terms of Use
Updated: November 19, 2018
It is the Bistro Club member’s responsibility to read and understand the terms and conditions outlined below:
Eligibility
The Truxton’s American Bistro Club membership is for individual use only and is non-transferable. Bistro Club membership has no cash value. You must be at least 18 years of age to enroll. There is no fee to sign up for the Program.
Rewards
During the month of your birthday, you will receive a $20 off any combination of food items. This offer is only valid for the month of your birthday and on food purchases for Dine in only – it may not be combined with any other offers and has no cash value. You are required to sign up prior to the month of your birthday to be eligible for the current calendar year. Sign ups done during the month of your birthday will be received the following year. As a Bistro Club member, you may be eligible at the sole discretion by Truxton’s American Bistro for updates and offers regarding seasonal menus, promotions, special events and dinners.
Marketing Communications
Upon joining the Bistro Club you are required to create a login profile with a password along with your email address and security question through the BonusBox portal. We may send you marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at the BonusBox portal.
By completing the log in profile, you agree to be bound by the terms and conditions of the loyalty program, all of which terms and conditions are subject to change at Truxton’s American Bistro sole discretion, at any time.
Trademarks & Copyright
Unless otherwise noted all materials, including images, illustrations, designs, icons, products, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Truxton’s American Bistro. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Truxton’s American Bistro.
Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Truxton’s American Bistro or the respective copyright/trademark owner. Truxton’s American Bistro authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.
The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by Truxton’s American Bistro is the proprietary information of Truxton’s American Bistro or the party that provided or licensed the content to Truxton’s American Bistro, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Truxton’s American Bistro, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms of Use violates Truxton’s American Bistro’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Site is solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Any other use of any content included on the website, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.
Termination of Program
Truxton’s American Bistro reserves the right to terminate the program, or to change these Terms and Conditions, regulations, or benefits of participation, in whole or partially at any time with or without notice and will have final decision in any disputes over Rewards.
Privacy
Any personal information collected about you through the Program, including without limitation any information about you collected through your engagement with the Program, will be governed by our Privacy Policy, available at www.truxtonsamercianbistro.com/privacy-policy , which is incorporated by this reference into these Terms.
Non-Confidential Information
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas, product reviews or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, the products, or the information available on or through it; they are provided “as is,” with all faults.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TRUXTON’S AMERICAN BISTRO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We also assume no responsibility for any allergic or other health related reactions to any of the products. Please thoroughly review all materials in each product before purchase. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Truxton’s American Bistro, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any use of the products outside of their intended use, (iii) any harm caused to a third party, or (iv) any activity related to your purchase or use of the Site.
Security
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Web Site.
Geographical Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Arbitration
Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
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Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Truxton’s American Bistro in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRUXTON’S AMERICAN BISTRO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. |
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Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. |
Governing Law and Jurisdiction
These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms & Conditions, please email us at admin@truxtonsamericanbistro.com, or write to us (and include your email address) at Truxton’s American Bistro at 8611 Truxton Avenue, Los Angeles, California 90045