Logan’s Roadhouse, Inc. Website Terms & Conditions

WEBSITE TERMS OF USE FOR LOGANSROADHOUSE.COM

LAST UPDATED
January 18, 2017

1. AN AGREEMENT BETWEEN YOU AND US

Logan’s Roadhouse, Inc. (“We,” “Us,” “Our,” or “Logan’s”) operates this website, http://www.logansroadhouse.com/ (“Site”). These Terms of Use (“Terms of Use”) are applicable to you (“User,” “You,” or “Your”). The Terms of Use are effective upon Your access and use of the Site, and by accessing and using this Site, You agree to comply with and be bound by these terms and conditions, as well as Our “Privacy Policy,” found at http://www.logansroadhouse.com/privacy/, which is herein incorporated by reference.

Read these Terms of Use carefully before You begin using this Site. The terms contained herein apply to all Users of this Site. If You do not agree to be bound by these Terms of Use, then You should not continue to use this Site, and You should exit its pages. Note that the Terms of Use may be updated from time to time, and any User’s continued use of this Site after We have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is Your responsibility to check the Terms of Use periodically for updates.

2. IMPORTANT NOTICE REGARDING LOGAN’S AND LRI HOLDINGS, INC.

Logan’s is an operating subsidiary of LRI Holdings, Inc. Because of the detailed disclosure requirements of applicable federal and state laws, it is not appropriate for Logan’s to engage in discussions with respect to its business or operations on Internet websites or within Internet discussion groups. In addition, it is impossible even to know of all the websites in which discussions of Logan’s businesses may be taking place. Therefore, whether or not Logan’s knows or learns of World Wide Web discussions concerning this company, it is the specific policy of Logan’s not to enter into those discussions, not to make comments and not to answer questions which may be raised by individuals at those websites.

3. ACCESS AND USE OF THIS WEBSITE

All materials in this Site are made available only to provide information about Logan’s and its related or affiliated companies.

A. COPPA Notice. This Site is offered and available to users who are thirteen (13) years of age or older. THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing Our Privacy Policy http://logansroadhouse.com/privacy/ . By using this Site, You represent and warrant that You are at least thirteen (13) years old, and You are hereby bound to these terms and conditions. If You do not meet this age requirement, You must not access or use the Site.B. Reliance on Information Posted. We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place, or decisions You make, on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.

C. Use for United States Only. Logan’s controls and operates this website from its headquarters in Nashville, Tennessee, United States of America. We make no representation that these materials are appropriate or available for use in other locations outside of the United States. If You use this Site from other locations You are responsible for compliance with applicable United States and local laws. By using this Site, You represent and warrant that You are a lawful User of this Site.

D. Links to Third-Party Websites. This Site may contain links to other websites on the Internet, and which are not maintained by Logan’s. When You leave this Site, You do so at Your own risk. By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity. Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that Logan’s, shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website.

E. Prohibited Uses. As a condition of Your use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). Evidence of possible use of this Site for illegal purposes may be provided to law enforcement authorities.

While using the Site, You further agree:

  • Not to falsify any personal information or otherwise create misleading information;
  • Not to impersonate or attempt to impersonate Logan’s, a Logan’s employee, another User or any other person or entity;
  • Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Not to use any device, software, or routine that could interfere with the proper working of the Site;
  • Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
  • Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
  • Not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;
  • Not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party;
  • Not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;
  • Not to download, decompile, reverse engineer, disassemble, or manipulate the Site files or Site software in any manner;
  • Not to interfere with or disrupt the Site networks or servers;
  • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
  • Not to use the Site to send unwanted advertising solicitation or spam; or
  • Not to interfere with Logan’s or another authorized party’s use and enjoyment of the Site.

WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED. Notwithstanding the foregoing, Logan’s reserves the right, in Our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business need of Logan’s, Inc.

4. INTELLECTUAL PROPERTY

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other providers of such materials. For purposes of clarity, Logan’s owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all User Account information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all of these intellectual property rights. You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior written consent of Logan’s.

A. Copyright. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without Our prior, express, and written permission.B. Trademark. Logan’s Roadhouse®, and other marks designated by Logan’s with ® or with ™ are federally registered, properly filed in specific states, or otherwise properly in use in commerce, and are trademarks or service marks of Logan’s or its affiliates. Unauthorized use of these marks, logos, pictures, designs, names, or phrases is prohibited by law. All other trademarks which may appear at this Site are the property of the respective trademark owners, and You are not authorized to reproduce any trademarks or service marks without the prior, express written permission of the owner.
C. User-Submitted Content. When You submit comments, ideas, suggestions, photos, graphics, or any image, text, video, or audio files, or any other type of information through this Site, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“User-Submitted Content”). All User-Submitted Content shall be considered public and non-confidential information. For purposes of clarity, Logan’s will be under no obligation to treat User-Submitted Content as confidential or proprietary. You hereby acknowledge and agree that User-Submitted Content may be displayed on this Site and used by Us in any of Our marketing material(s), at Our sole discretion and without any duty of compensation to the User.Additionally, when You post or otherwise submit information to this Site, You represent and warrant that You have ownership and authority to post the information. You agree that You will not post any information to this Site that You do not own. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE TRANSMIT USER-SUBMITTED CONTENT ONTO THIS SITE, THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Logan’s from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.BY PROVIDING USER-SUBMITTED SITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL MATERIAL THAT YOU SUBMIT, AND YOU ASSUME ALL LEGAL OBLIGATIONS RELATING TO YOUR USER-SUBMITTED SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT’S APPROPRIATENESS, LEGALITY, AND INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.

5. DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

LOGAN’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, LOGANSROADHOUSE.COM, INFORMATION FOUND ON THIS SITE, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED OR IN CONNECTION WITH THE SERVICES OFFERED IN CONNECTION WITH THE SITE. LOGAN’S DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site to reconstruct any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

6. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LOGAN’S FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.

You, alone, acknowledge that You are responsible for any actions You take while on this Site. You recognize that Your use of the Site and any subsequent actions arising from Your use of the Site are taken solely at Your own risk.

IN NO EVENT WILL LOGAN’S, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, YOU AGREE THAT LOGAN’S IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Logan’s and its affiliates, officers, directors, employees, agents, contractors, licensors, and any information providers, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation of Your breach of or default under the terms or conditions of these Terms of Use, or any negligence, gross negligence or willful misconduct by or on behalf of You or Your employees or agents, or any User-Submitted Content that You provide to this Site as described under Section 4.C., above. For purposes of clarity, these indemnification obligations apply to Your use of the Site, along with Your use of the Site’s content and services, other than as expressly authorized in this Terms of Use, Your use of any information obtained from the Site, and any information You provide to this Site.

YOU FURTHER AGREE THAT LOGAN’S SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with Logan’s in the defense of such matter.

8. AVAILABILITY

Logan’s offers for sale many products and services under Logan’s Roadhouse® trademarks, made available in many parts of the country; however, this Site may describe products and services that are not available nationwide or in a particular location. Logan’s shall not be responsible to any User for the lack of availability of particular services or products in a given location.

9. GOVERNING LAW, JURISDICTION

These Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee. Each Party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

10. SEVERABILITY

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

11. WAIVER

No waiver by Logan’s of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Logan’s, Inc., to assert a right or provision shall not constitute a waiver of such right or provision.

12. CHANGES TO THESE TERMS OF USE

As iterated above, We will make changes to these Terms of Use from time to time. It is Our custom to provide notification on this page when We make material changes. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that You periodically visit Our Site and these Terms of Use to check for any changes.

13. CONTACT US

To ask questions or comment about these Terms of Use, You may contact Us at:

E-mail Address:		marketing@logansroadhouse.com

Mailing Address:	Attn: Guest Relations
			Logan’s Roadhouse, Inc.
			3011 Armory Drive, Suite 300	
			Nashville, TN 37204

14. ENTIRE AGREEMENT

This Terms of Use, along with the Privacy Policy referenced herein http://logansroadhouse.com/privacy/, represent the entire understanding and complete agreement by and among User and Logan’s. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.

 

 

STEAKHOLDERS CLUB TERMS AND CONDITIONS

ELIGIBILITY

Members must be 18 years of age or older. The Steakholders Club program is intended for individual use only. Individuals may not have more than one membership. Family members may not share a membership. Points may not be accumulated for a business entity. Accounts will be deactivated if not used within 12 months. If applicable laws prohibit us from offering the program to you, then you may not participate in the program. If applicable law prohibits us from offering you a feature of the program, then we may either not offer you that feature of the program or revoke your membership in the program.

Logan’s Roadhouse, Inc. (“Logan’s”) reserves the right to disqualify any participant, at any time and for any reason deemed appropriate by Logan’s. By participating in this Promotion, participant agree to be bound by these provisions and the decisions of Logan’s and to release Logan’s, its respective parent companies, affiliates, subsidiaries, representatives, franchisees, partners and agents, and each of their respective officers, employees, directors, shareholders, representatives, successors and assigns from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with any negligence, claims, liability, injury, property loss or other damages or participant’s participation in the Promotion, or the acceptance, possession or use/misuse of any materials supplied in connection with the Promotion including, without limitation, any beverage mug or other container. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, LOGAN’S RESERVES THE RIGHT TO DISQUALIFY AND TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

GETTING STARTED

You must activate your account with a valid name, birthdate, active e-mail address, and telephone number. Members are responsible for updating this information. Members cannot get credit for visits prior to activation in the Steakholders Club program web site.

LOCATIONS

Steakholders Club benefits and awards are available at participating Logan’s locations. Rewards may vary by restaurant location. Logan’s reserves the right to add or withdraw participating locations without prior notice. Accumulating and redeeming points at our airport locations is subject to the terms and conditions set forth below.

ACCUMULATING REWARDS AND POINTS

Points are awarded for dollars spent, visits made, and pints of beer purchased where permitted by law. All points and visit credits are tracked on your account when presenting your registered phone number to your server at the restaurant. Only the member paying the bill may accumulate Steakholder Points. If a bill is paid by credit card, the name on the card must match the name on the Steakholder account. Any errors on guest check receipts must be adjusted on the day the transaction was made.

STEAKHOLDER POINTS

Steakholder Points are accumulated at the rate of 1 point for $1.00 spent on food and non-alcoholic beverages, excluding tax and gratuity, for both dine-in and “To Go” orders. Additional points may be available through special promotional offers. You can earn up to 500 points per day. Points are not awarded for the purchase of gift cards or merchandise. Steakholder Points expire after 12 months of inactivity. Steakholder Points are only awarded for checks that are paid for with cash, credit card, or purchased gift cards. If a portion of the meal is paid for with a discount, gift certificates, or promotional gift card, you cannot accrue points for that portion of your check. You cannot accrue points for purchases made with Stored Value from your Steakholder Card or purchases that are paid with gift cards that were issued in connection with Steakholder Points. You may accrue Steakholder Points for purchases at our non-participating locations by contacting us at steakholders@cwrestaurants.com . Steakholder Points should appear on your account within 24 hours but may be subject to delays.

STEAKHOLDER

For every 100 Steakholder Points you accumulate you will earn a $10 discount to Logan’s. This discount can be used towards the purchase of food and non-alcoholic beverage items. This discount will be stored on your account until your next visit or until the expiration date. Rewards expire 30 days after they are earned, unless otherwise noted.

REDEMPTION AND EXPIRATION OF POINTS & REWARDS

Redemptions of points and reward may vary depending on the location, particular offer or reward, and availability. Steakholder Points are non-transferable. The points or rewards offered in the Steakholder program have no cash value and may not be redeemed for cash.

STEAKHOLDER POINTS

Steakholder Points expire after 12 months of inactivity

STEAKHOLDER REWARDS

Members may only redeem one reward per visit. Unredeemed rewards will be stored on your account until your next visit or the expiration of the reward. Rewards must be redeemed in full increments. For example, if a single reward of $10 is uploaded to your card and your next purchase is $5.00, the entire reward will be deemed used. Our computer system will not carry over the remaining value of the reward on your card. We do not give cash back on the unused portion of any reward. Earned Steakholder rewards, coupons, and offers expire thirty days, unless otherwise noted, from the date the offer or reward. Steakholder may not be redeemed at our franchise locations.

CANCELLATION OR TERMINATION OF BENEFITS

Members may cancel their membership at any time by contacting us at steakholders@cwrestaurants.com . Logan’s may cancel this program in its entirety; end or modify any specific reward or benefit; modify requirements for earning benefits, modify the time period in which you have to earn a particular benefit; and/or modify any other feature of the program at any time and without prior notice. Any changes to the program or a particular reward may result in the expiration of your points and those expired points will have no cash value. Accumulated points are not member property and may be revoked, cancelled, limited, or modified at any time, even though such action may adversely affect the member’s right to use previously accumulated points. Federal and State tax liabilities are the responsibility of the cardholder.

WEBSITES

Logan’s makes available to its members information about the Steakholders Club through its web site. Circumstances beyond our control may cause such information to be incomplete or unavailable. Therefore, Logan’s does not warrant or guarantee that its web site information will be available or accurate at all times.

PERSONAL INFORMATION

We may collect personally identifiable information when you visit or use our web site. We may also receive personally identifiable information from our business partners. We also automatically receive and record information on our server logs from our browser including your IP address, cookie information and the page you requested. We may use this information for three internal purposes: (1) to customize the content you see; (2) to fulfil your request for certain services and information; and, (3) to contact you for the purpose of communicating about the program and special offers. We will not sell or rent your personally identifiable information to anyone. We will, however, send personally identifiable information about you to other companies or people when: (1) we have your consent to share the information; or, (2) we need to share your information to provide the product or service you requested; or (3) we need to send the information to companies who work on behalf of Logan’s to produce a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or (4) we respond to subpoenas or court orders or legal processes.

LEGAL LIABILITY LIMITS

You agree that Logan’s and its parent company, subsidiaries, their directors, officers, employees, agents, franchisees and their parent companies, subsidiaries, directors, officers, employees, and agents shall not be responsible or liable to you for: (1) any claim, loss, injury, damage, delay, accident, cost or expense, including attorney’s fees, arising out of or related to the Steakholders program, these Terms & Conditions, and the Web site; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Steakholders program, (3) use of the information you provide to us to enroll in the Steakholders program. The law of the state of Tennessee without regard to its conflict of laws rules, will govern your enrolment and participation in the program and our performance of our obligations under the program. If you have any questions, please contact us at steakholders@cwrestaurants.com .

ARBITRATION

The following Agreement describes the terms and conditions that apply to your participation in Steakholders Club. By participating in and registering for Steakholder Club, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

BINDING ARBITRATION

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your participation in Steakholder Club (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

ARBITRATION PROCEDURES

You must first present any claim or dispute to us by contacting us in writing or by electronic mail to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in either Denver, Colorado or Chattanooga, Tennessee depending on your location and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

COSTS OF ARBITRATION

All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTIONS By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

GOVERNING LAW – TENNESSEE  

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee notwithstanding any conflict of law rules.

DISCLAIMERS AND LIMITS ON LIABILITY

Logan’s makes no representations, warranties, or conditions of any kind, express or implied, with respect to the Steakholder Club, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The company does not represent or warrant that the Steakholder Club will always be accessible or that your participation will always be accepted.

In the event that Logan’s is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of rewards associated with the dispute. The company and its subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event the company or its subsidiaries or affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a loyalty program account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

This agreement is the complete and exclusive statement of agreement between you and Logan’s and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.