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HUEY MAGOO’S Loyalty Rewards Terms

Effective Date: January 13, 2025 for existing users and immediately for new users

Last Revised: January 13, 2025

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE PARTICIPATING IN HUEY MAGOO’S LOYALTY REWARDS PROGRAM. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON HUEY MAGOO’S LIABILITY AND OTHER PROVISIONS THAT ADDECT YOUR LEGAL RIGHTS. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN HUEY MAGOO’S LOYALTY REWARDS PROGRAM.

These terms and conditions (the “Loyalty Rewards Terms”) govern your participation in the Huey Magoo’s Loyalty Rewards Program known as Magoo’s Rewards (the “Loyalty Rewards Program”). These Loyalty Rewards Terms form a binding contract between you and Huey Magoo’s Restaurants, LLC (“Huey Magoo’s”), the sponsor of the Huey Magoo’s Loyalty Rewards Program. By participating in the program, you (i) agree to be legally bound by (and to comply with): (1) these Loyalty Rewards Terms; (2) the terms and conditions (the “Terms of Use”) governing your access to and use of Huey Magoo’s websites and mobile applications (collectively, the “Online Services”); (3) Huey Magoo’s Privacy Policy; (4) the Terms of Use and Privacy Policy of our third party mobile app administration, Incentivio, Inc.; and (5) any other applicable terms that may be communicated to you in connection with Huey Magoo’s Loyalty Rewards Program; (ii) warrant and represent that you are a legal resident of the United States and at least 18 years of age; and (iii) will comply with all applicable laws in the course of accessing or participating in the Loyalty Rewards Program. These Loyalty Rewards Terms include and are subject Huey Magoo’s Terms of Use and Privacy Policy. These Loyalty Rewards Terms are intended to supplement (not change) the Terms of Use governing Huey Magoo’s Online Services.

Please read Huey Magoo’s Privacy Policy and Terms of Use carefully to understand how Huey Magoo’s collects, uses and discloses information about its customers. In the event of any conflict between the Terms of Use and these Loyalty Rewards Terms, these Loyalty Rewards Terms control.

Below is a detailed explanation of Huey Magoo’s Loyalty Rewards Program and the Loyalty Rewards Terms that govern the program.

Program Description

The Huey Magoo’s Loyalty Rewards Program is a promotional program offered by Huey Magoo’s Restaurants, LLC (“Huey Magoo’s”). Under Huey Magoo’s Loyalty Rewards Program, you can earn points by making qualifying purchases at participating U.S. Huey Magoo’s restaurants (each a “Restaurant”) or via Huey Magoo’s website (www.HueyMagoos.com) or mobile app (the “Mobile App” and website are collectively referred to herein as the “Online Services”), and redeem those points for rewards.

Eligibility

Legal residents of the United States who are at least eighteen (18) years of age and have created a Huey Magoo’s online account prior to making a qualified purchase are eligible to participate in the Huey Magoo’s Loyalty Rewards Program.

Personal Use

The Loyalty Rewards Program is intended for personal use only. Commercial use is prohibited. Huey Magoo’s Loyalty Rewards Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are between the ages of 13 and 18, you may access and participate in Huey Magoo’s Loyalty Rewards Program only under the supervision of a parent or legal guardian who agrees to be bound by these Loyalty Rewards Terms.

How to Enroll Your Huey Magoo’s Account

You do not have to pay any participation or membership fees to enroll in Huey Magoo’s Loyalty Rewards Program. To participate in the Loyalty Rewards Program, you must have a valid Huey Magoo’s online account (“Account”). To create an Account, go to https://order.incentivio.com/c/hueymagoos/ or the Huey Magoo’s Mobile App and provide following information:

1. First name, last name, email address and phone number.

2. Birthday (month, day) is optional. If you do not provide your birthday, then you will not receive any birthday promotional offers.

You will not be able to enroll through any other means and you will need to agree to these Loyalty Rewards Terms to enroll and participate in Huey Magoo’s Loyalty Rewards Program. Your Huey Magoo’s Account is personal to you, so there is a limit of one Account per person. Your Huey Magoo’s Account and any points and rewards associated with your Account cannot be sold, transferred, assigned to, or shared. You are responsible for ensuring that no unauthorized person has access to your Huey Magoo’s Account. You are responsible for all activity in your Account.

Program Communications

As a condition of membership in Huey Magoo’s Loyalty Rewards Program, you will be asked to provide a valid email address when you enroll. We, our affiliates, and our and their respective designees and service providers will use your email address to contact you about your Account, points balance, available rewards, and as otherwise permitted by applicable law. We may also send you such communications via the Huey Magoo’s App if you choose to receive push notifications. You can opt out of receiving any such push notifications by changing your device settings.

If Huey Magoo’s offers any text messaging in connection with its Loyalty Rewards Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages. By agreeing to receive text messages, you authorize Huey Magoo’s, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Loyalty Rewards Program and other Huey Magoo’s topics of interest. Standard text message service rates shall apply. You are not required to agree to receive text messages to participate in the Loyalty Rewards Program. You can unsubscribe to any text messaging service that may be offered by Huey Magoo’s by texting “Stop” to us at any time. If you unsubscribe, you understand that Huey Magoo’s may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.

Huey Magoo’s Points

Earning Points. As a Huey Magoo’s Loyalty Rewards Program member, you will earn ten (10) points for every $1.00 USD spent (after discounts, excluding applicable taxes and fees) on qualifying purchases made: (i) in-store at a participating Huey Magoo’s restaurant in the United States or (ii) online via the Huey Magoo’s Online Services. You will earn one (1) point for each $1.00 USD spent on catering orders (after discounts, excluding applicable taxes and fees). You will not earn points on any online orders made through a third-party food delivery service, such as DoorDash, Uber Eats, Grubhub, etc. You will also not earn any points for when you purchase or reload a gift card. Points for any qualifying purchase can only be credited to one Account. Huey Magoo’s may exclude any menu items from counting as qualifying purchases by disclosing at the time of purchase that such items are excluded. All purchases made by you prior to joining the Rewards Program are not eligible for points. You can start earning points on the same day that you register to participate in Huey Magoo’s Loyalty Rewards Program. Points accrued in connection with the Loyalty Rewards Program are promotional, have no cash value and cannot be redeemed for cash.

Bonus Points. Huey Magoo’s may, in its sole discretion, offer bonus point promotions from time to time. Under such promotional offers, you may earn bonus points for completed actions and purchases (e.g., making a qualified purchase during certain time periods). Bonus points for such activities will be awarded as described in the applicable offer and will be subject to these Loyalty Rewards Terms or any additional terms set forth with that offer. Huey Magoo’s is not obligated to provide Rewards Program members with any particular number of point opportunities or special promotional offers.

Points Balance. Generally, points will be automatically added to your Account within 24 hours after the completion of your qualifying purchase. However, it may take a little longer for your points to post to your Account. You may check your points balance by logging into your Account via Huey Magoo’s website (https://order.incentivio.com/c/hueymagoos/) or Mobile App. Huey Magoo’s has the sole discretion to determine points in your Account and Huey Magoo’s has no liability for any delay or failure to correctly credit points to your Account.

Claiming Points After an In-Restaurant Purchase. If you forget (or are unable) to scan your member QR code from the Huey Magoo’s Mobile App when making a qualifying purchase at a participating U.S. Huey Magoo’s restaurant, you can still earn points for your qualifying purchase. To receive your points, please email a photo of your purchase receipt to Rewards@HueyMagoos.com (a “Points Request”), within seven (7) days from your purchase. Only one Points Request may be submitted during any 24-hour period. Each Points Request must include your first and last name, date of transaction, time transaction, store number, amount of transaction minus any taxes and fees and a clear image of the receipt. Huey Magoo’s may, in its sole discretion, deny any Points Request that does not meet the foregoing requirements. Please allow up to two (2) weeks for Huey Magoo’s to review and process your Points Request.

Purchase Cancelations and Refunds. If you receive points for making a qualifying purchase but later cancel that order or receive a refund for such order, then any points that you earned for that order will be deducted from your Account.

Points Disputes. If you believe that your Account was not credited the correct number of points for a qualifying purchase, and such points have not been posted to your account within one (1) week after the purchase, please email Huey Magoo’s at Rewards@HueyMagoos.com (each a “Points Dispute”). You must submit your Points Dispute to Huey Magoo’s within two (2) weeks after your purchase. If you timely submit your Points Dispute, Huey Magoo’s will use its commercially reasonable efforts to investigate the validity of your Points Dispute. To properly investigate your Points Dispute, you must provide Huey Magoo’s with the information that it requests (including written confirmation of your Points Dispute). If Huey Magoo’s does not receive the information it requests within the time frames designated, then Huey Magoo’s may elect (in its sole discretion) to cease its investigation into your Points Dispute. Huey Magoo’s decision following its investigation into your Points Dispute is final and binding.

Points Expiration. Points expire 12 months from the day they were posted to your account. If Huey Magoo’s terminates its Loyalty Rewards Program, any unused points in your Account will expire and be void on the date that the program is terminated. If your Account is terminated (whether due to you closing your Account or Huey Magoo’s terminating your Account), all unused points that you accumulated will immediately expire. If you opt-out of our Loyalty Rewards Program, all points and rewards you have earned until now will no longer be available. No cash or credit will be given for unused or expired points.

Welcome Rewards

Upon registering to become a member of Huey Magoo’s Loyalty Rewards Program, you will automatically receive a free 3-piece meal with the purchase of a drink. This offer can be redeemed at participating U.S. Huey Magoo’s restaurants or via Huey Magoo’s website (www.HueyMagoos.com) or Mobile App. Please note that this offer is subject to change.

Redeeming Points for Rewards

The points you earn from qualified purchase may be redeemed for specified rewards. You can redeem your points in-store for a reward at a participating U.S. Huey Magoo’s restaurants or online via the Huey Magoo’s Mobile App or your Huey Magoo’s Account.

To redeem in-store on a purchase, you must first add the reward to your Account and then present the QR code for the reward to the cashier to scan in-store at the register. You can redeem points online via the Huey Magoo’s App or your Huey Magoo’s Account by following the instructions to apply the reward to your cart before placing your mobile order. Points will be deducted from your Account immediately when you claim your reward. There is a limit of one reward redemption per transaction.

Changes to the Loyalty Rewards Program

Huey Magoo’s may modify, restrict, or change the Loyalty Rewards Program and/or the Loyalty Rewards Program structure at any time, which changes may include, but are not limited to, (i) changing the number of points you may earn for a qualifying purchase or the number of points needed to redeem a reward; (ii) the types of Rewards available; (iii) the method by which you can record your qualifying purchases; (iv) changing the conditions under which points or rewards expire or are forfeited. Any changes or modifications will be effective immediately upon posting the changes to Huey Magoo’s Online Services.

Your continued participation in or access to the Huey Magoo’s Loyalty Rewards Program confirms your full acceptance of these Loyalty Rewards Terms and any changes or modifications to thereto. If you do not agree with the amended Loyalty Rewards Terms, then you must stop accessing and participating in the Loyalty Reward Program. Huey Magoo’s will only provide notice of its amendment of these Loyalty Rewards Terms if it is required by applicable law.

You should review these Loyalty Rewards Terms, Terms of Use, Privacy Policy and FAQs frequently to understand the terms and conditions that apply to your enrollment and participation in Huey Magoo’s Loyalty Rewards Program.

Availability of Loyalty Rewards Program

Huey Magoo’s Loyalty Rewards Program is valid only in the United States and is void where prohibited and restricted. The availability of Huey Magoo’s Loyalty Rewards Program is subject to Huey Magoo’s restaurant participation. Some Huey Magoo’s restaurants may not participate in the Loyalty Rewards Program. We recommend that you ask the cashier or call ahead to find out if a particular Huey Magoo’s location is a participating restaurant, prior to placing your order to confirm if you can earn points or redeem rewards at that specific Huey Magoo’s restaurant.

Changes to Loyalty Rewards Program

Huey Magoo’s reserves the right to change or modify its Loyalty Rewards Program or any part of its Loyalty Rewards Program, at any time and in its sole discretion, without notice to you.

Account and Loyalty Rewards Program Suspension and Termination

Huey Magoo’s reserves the right, in its sole discretion, at any time and without notice to you: (i) to change the benefits of its Loyalty Rewards Program or adjust the way points or rewards are received, calculated, or redeemed, including point value or expiration dates for rewards or points; (ii) to make changes to, modifications to, or terminate, discontinue, or cancel the Loyalty Rewards Program, or merge it with a new or different loyalty program. Any changes or modifications become effective immediately upon posting revisions to these Loyalty Rewards Terms. You waive any right you have to any notice of such changes or modifications. Your continued participation in the Loyalty Rewards Program confirms your acceptance of these Loyalty Rewards Terms and any subsequent changes or modifications to these Loyalty Rewards Terms and/or the Loyalty Rewards Program. You should review these Loyalty Rewards Terms and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Loyalty Rewards Program. If you do not agree to these Loyalty Rewards Terms or any changes or modifications to these Loyalty Rewards Terms, you must stop participating in the Program.

Huey Magoo’s may, in its sole discretion, suspend, cancel, or combine Accounts that appear duplicative. Without notice to you and in our sole discretion, we reserve the right to suspend (temporarily or permanently) or terminate your membership in the Loyalty Rewards Program or access to your Account: (i) if we determine that you have violated these Loyalty Rewards Terms or the Terms of Use; (ii) if we determine that there has been fraudulent, deceptive, or unlawful activity on your account; (iii) misused or abused the Loyalty Rewards Program; (iv) for the performance of routine or non-routine maintenance, error correction; or (iv) for any other purpose. If we terminate your Huey Magoo’s Account, then you will immediately forfeit all points and rewards associated with your Account. If Huey Magoo’s terminates the Loyalty Rewards Program as a whole, Huey Magoo’s may, in its sole discretion, allow you to redeem any outstanding valid and unexpired points and/or rewards at participating Restaurants or via the Mobile App or Huey Magoo’s website. Any unredeemed or unexpired points and rewards that remain as of the date of the termination of the Loyalty Rewards Program will be void. Huey Magoo’s will not offer any extensions, cash refunds, or other exchanges to you for your failure to use any unredeemed or unexpired points and rewards.

Inactivity

Without notice to you, Huey Magoo’s reserves the right to deactivate your Loyalty Rewards Account if it has been inactive for one (1) year. Inactivity is defined as not earning any points during such one (1) year period. In the event that your Loyalty Rewards Account is deactivated because we have rendered it inactive, you will forfeit all accrued points and rewards, and they will be deemed void.

Governing Law and Jurisdiction

These Loyalty Rewards Terms shall be governed by, interpreted and enforced in accordance with the laws of the State of Florida and the United States, without regard to their conflicts of law provisions or principles. The exclusive jurisdiction for any Dispute (as defined in Section 15 below) not covered by the terms of the Arbitration Agreement set forth herein may only be filed in the state or federal courts located in Broward County, Florida.

Dispute Resolution, Binding Arbitration, Class Action Waiver and Waiver of Trial by Jury

PLEASE READ THE FOLLOWING SECTION CAREFULLY, WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH HUEY MAGOO’S AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

Mandatory Informal Dispute Resolution

Except with respect to any claim or dispute involving the ownership, validity or use of any Huey Magoo’s trademarks or service marks, and to the extent permitted by applicable law, you and we agree that any dispute or claim arising out of or relating in any way these Loyalty Rewards Terms, your access or participation in Huey Magoo’s Loyalty Rewards Program, or your relationship with Huey Magoo’s or any past, present or future subsidiary, parent or affiliate company or companies of Huey Magoo’s, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, referred to as “Dispute”) where either party seeks legal recourse will be exclusively resolved by binding arbitration to be conducted by the American Arbitration Association (the “AAA”).

Before submitting a Dispute for arbitration in accordance with the provisions set forth in this Section 22, you agree to first give Huey Magoo’s to resolve the Dispute informally by sending a written description of your Dispute to Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822 (“Notice of Dispute”). The Notice of Dispute must contain enough information for Huey Magoo’s to attempt to resolve your Dispute, including (i) your name; (ii) the email address and telephone number where Huey Magoo’s may contact you; (iii) a written description of the problem, relevant documents, and supporting information; and (iv) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing Huey Magoo’s to discuss your Dispute with your attorney or other representative. You and Huey Magoo’s each agree to negotiate any Dispute between us in good faith for a sixty (60) day period. You and Huey Magoo’s each further agree that neither of us may commence any arbitration or small claims proceeding unless you and Huey Magoo’s are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time. Accordingly, engaging in this informal dispute resolution process is a prerequisite to commencing arbitration. The statute of limitations and all arbitration filing fee deadlines shall be tolled while you and Huey Magoo’s engage in this informal dispute resolution process.

If we are unable to resolve your Dispute within 60 days despite those good faith efforts, then either you or Huey Magoo’s may commence arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the following address: Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822 and to the AAA.

Binding Individual Arbitration

You and Huey Magoo’s agree that Dispute not resolved by informal dispute resolution must be settled by binding individual arbitration conducted by the AAA (as noted above). The arbitration will be heard before a single independent arbitrator who shall be an attorney or retired judge, and who shall be selected using the following procedure: (i) the AAA will send the parties a list of five candidates; (ii) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (iii) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (iv) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules. The arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules then in effect. This agreement to arbitrate affects interstate commerce. Accordingly, you and Huey Magoo’s agree that all matters within the scope of the Federal Arbitration Act (9 U.S.C. §1, et. seq.) will be governed by it and not by any state arbitration laws, including any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above).

If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Broward County, Florida.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s then-current Commercial Arbitration Rules. 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. We each 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.

An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.

The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the class action waiver (below) included in these Terms.

If a court or arbitrator determines in an action between you and Huey Magoo’s that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the class action waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and Huey Magoo’s agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

This Arbitration Agreement (as set forth in these Terms) shall survive the termination of these Terms and any other agreement between you and Huey Magoo’s.

Although Huey Magoo’s has the right to revise these Terms, Huey Magoo’s does not have the right to alter the Arbitration Agreement herein or the arbitration rules specified herein once that Dispute arises, if such change would make the arbitration procedures materially less favorable to the claimant. If an issue arises as to whether changed procedures are less favorable to the claimant, such issues shall be decided by the arbitrator.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Arbitration Agreement.

To the fullest extent permitted by law, any and all Disputes shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action be barred.

Small Claims Court

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, if the Dispute asserted in any request or demand for arbitration could have been brought in small claims court, then either you or Huey Magoo’s may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any Dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND HUEY MAGOO’S AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN SMALL CLAIMS COURT. Any Dispute brought in small claims court must remain in such court and may not be removed or appealed to a court of general jurisdiction and may only be conducted on an individual basis. Accordingly, you waive the ability to pursue your small court claim in a class or representative action.

Class Action Waiver

YOU AND HUEY MAGOO’S EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). 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 OF COMPETENT JURISDICTION AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED, AND SUCH COURT SHALL BE THE EXCLUSIVE FORUM FOR SUCH CLAIMS. IF HUEY MAGOO’S BELIEVES THAT ANY CLAIM YOU HAVE FILED IS INCONSISTENT WITH THIS LIMITATION, THEN YOU AGREE THAT HUEY MAGOO’S MAY SEEK AN ORDER FROM A COURT DETERMINING WHETHER YOUR CLAIM IS WITHIN THE SCOPE OF THIS CLASS ACTION WAIVER.

Waiver of Jury Trial

YOU AND HUEY MAGOO’S HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR SUCH DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT FROM THE RULES THAT APPLY IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). YOU AGREE THAT YOU WILL NOT FILE ANY LAWSUIT AGAINST HUEY MAGOO’S IN ANY STATE OR FEDERAL COURT. YOU AGREE THAT IF YOU DO SUE IN STATE OR FEDERAL COURT, AND HUEY MAGOO’S BRINGS A SUCCESSFUL MOTION TO COMPEL ARBITRATION, YOU MUST PAY ALL FEES AND COSTS INCURRED BY HUEY MAGOO’S IN COURT, INCLUDING REASONABLE ATTORNEYS’ FEES.

Severability and Survival

Except as otherwise provided herein, if any provision or part of a provision of these Loyalty Rewards Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Loyalty Rewards Terms and does not affect the validity and enforceability of any remaining provisions.