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Terms & Conditions

Last Updated: June 5, 2019

These Terms and Conditions of Use ("Terms & Conditions") apply to your access to, and use of, online services and programs ("Online Services") which Café Zupas, L.C. ("Café Zupas," "we," or "us") has made available to our customers ("Customers," "Users" or "you"). Covered services include our website, mobile application, online ordering, catering, delivery dispatch, job application, and customer feedback platforms. Covered programs include our customer loyalty, catering rewards, fundraising, promotional, and gift card programs. The "General Terms" section of these Terms & Conditions apply to all of the various Online Services. The "Specific Services & Programs" portion of these Terms & Conditions identify additional terms and conditions which are specific to particular services and programs. Please note that several of the Online Services may be administered by third-party contractors who will require your agreement to additional terms related specifically to their service. Many of those additional agreements are identified below in the Specific Services & Programs section.

Please read these Terms & Conditions carefully before downloading, accessing or using any of the Online Services. By accessing or using the Online Services, you agree to abide these Terms & Conditions, as well as such additional agreements which may apply to the particular Online Service being used. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services or these Terms & Conditions in any way, your sole and exclusive remedy is to discontinue using the Online Services.

GENERAL TERMS (APPLICABLE TO ALL ONLINE SERVICES)

Modifications to Online Services

Café Zupas may at any time, for any reason, modify, suspend, limit or terminate operation of or access to any Online Service, or any portion thereof, whether on a general or specific user level, and without notice or liability. In addition, Café Zupas reserves the right at any time to update, change, modify, or revise these Terms & Conditions. Any changes will become effective upon posting such modifications on our website (please review the "Last Updated" date above to identify when these Terms & Conditions were last modified). Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms & Conditions as modified. It is your responsibility to review the Terms & Conditions regularly for updates.

Privacy of Users

Café Zupas has a separate Privacy Policy (the "Privacy Policy") relating to how Customer Data is collected and used via the Online Services. The Privacy Policy is available for review by selecting the "Privacy Policy" links here or at the bottom of our website. By accessing or using the Online Services, you are also agreeing to the terms of the Privacy Policy which are incorporated into these Terms & Conditions by this reference.

Ownership & Licensing of the Online Services and Intellectual Property

The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the "look and feel", pages, screens, content arrangement, and computer programs) (collectively, "Materials") are owned by or licensed to Café Zupas and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, Café Zupas grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, Café Zupas does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. "Café Zupas" and "Nourish the Good Life" are registered trademark and service marks of Café Zupas in the United States and other countries. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the "Intellectual Property") are owned by or licensed to Café Zupas with all rights reserved unless otherwise noted. Café Zupas does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that Café Zupas and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Standards of Conduct for Users of the Online Services

You agree to use the Online Services, Materials, and all related programs, features and services in accordance with these Terms & Conditions and all applicable laws and regulations. Specifically (and without limitation), you agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials;
  • use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the Online Services;
  • use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person's use or enjoyment of the Online Services;
  • transmit any viruses, worms, defects, Trojan horses, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Café Zupas;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Café Zupas or any other person or entity.

Café Zupas reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.

Submissions by Users of the Online Systems

Except as otherwise stated in our Privacy Policy with respect to your personal information, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services (collectively, "Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate, and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

We may, without notice to you, refuse or edit Submissions for any reason or no reason.

User Logins and Registration

Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Café Zupas immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Café Zupas or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else's login at any time without their express written permission. Café Zupas shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Third-Party Sites and Social Media Pages

The Online Services may contain links to other third-party websites, including social media platforms, such as Facebook, Pinterest, LinkedIn, Twitter, Snap Chat or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Café Zupas shall have no responsibility or liability related to your use of any Linked Site, or the content, policies, or actions thereof. If you choose to use any product or service from a Linked Site, your relationship is with that third party. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Electronic Communications

When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions.

No Warranties

Café Zupas makes no representations or warranties regarding the Online Services and Materials.

THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NO WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF CAFé ZUPAS ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND ALL MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.

Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS & CONDITIONS AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Violation of these Terms & Conditions

You agree that Café Zupas may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Café Zupas. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Café Zupas takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Café Zupas.

Indemnification

You agree to indemnify, defend, and hold harmless Café Zupas and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms & Conditions; and/or (2) your activities in connection with the Online Services, and Materials, programs, features, and services made available through the Online Services.

Dispute Resolution Through Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CAFé ZUPAS.

Except for small claims disputes in which you or Café Zupas seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Café Zupas seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Café Zupas waive the right to a jury trial and to have any dispute arising out of or related to these Terms & Conditions resolved in court. Instead, all disputes arising out of or relating to these Terms & Conditions or the Online Services will be resolved through confidential binding arbitration held in Salt Lake County, Utah or by telephonic conference in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Café Zupas agree that any dispute arising out of or related to these Terms & Conditions or our Online Services is personal to you and Café Zupas and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Café Zupas agree that these Terms & Conditions affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms & Conditions and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Café Zupas agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by providing written notice to:

Café Zupas, L.C.
Attn: Legal Department
460 W Universal Circle
Sandy, Utah 84070

In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the choice of law and venue designated below.

International Users and Choice of Law

The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We make no representation that Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export Materials in violation of U.S. export laws and regulations. If you access the Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms & Conditions and our Privacy Policy shall be governed by the laws of the State of Utah, without regard to conflict of laws provisions or principles. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or arising from the Online Services shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement, Claims Limitations, and Severability

These Terms & Conditions, together with our Privacy Policy and any other applicable terms included within the Online Services, and/or Materials, programs, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use the Online Services and Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms & Conditions, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms & Conditions and Privacy Policy shall continue in full force and effect. Café Zupas' failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

Children's Privacy and Site Age Limitations

The Online Services intended for use by persons aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 13.

Contact Us

If you have any questions about these Terms & Conditions or the Online Services, email us at infor@cafezupas.com, or write to us at:

Café Zupas, L.C.
460 West Universal Circle
Sandy, Utah 84070
Attn: Online Services

Specific Services & Programs

Online Ordering & Delivery Services

We may provide Customers with the ability to order through the Online Services from our participating locations. Prices of menu items may vary from location to location and due to any applicable delivery fees or additional services provided. Minimum order amounts may apply. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. The location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with ordering through the Online Services. Every participating location may not have all menu items identified through the Online Services.

Although the Company strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, information errors may occur on this site. In the event that any Company product that is available through this site is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order. Without limitation of the foregoing, the Company is not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and your order is cancelled by the Company, we will issue a credit to your credit card account in the amount charged.

If you place an order with us and fail to pick it up, we reserve the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up the order, please contact the store that is fulfilling the order as soon as possible to let them know you cannot pick up the order and to see whether a charge may be avoided. This policy is in place to help us manage food costs and keep our prices low.

Currently, a third-party service provider by the name of Mobo Systems, Inc. (d/b/a "Olo") administers our online ordering services. When you use the online ordering service Olo will require that you agree to a separate User Agreement between you and Olo directly (which shall apply in addition to these Terms & Conditions with Café Zupas). Café Zupas is not a party to the Olo User Agreement. You can review Olo's User Agreement here. Olo also has a separate Privacy Policy, which you can review here.

In connection with the online ordering platform, we may also offer you the option to have your food delivered to you by an approved third-party delivery service. Once our products are transferred to the delivery provider, we have no control over, nor responsibility for, the actions of the delivery provider or any deterioration in the quality of products during delivery. By using such third-party delivery services, you will be subject to any separate terms and conditions which they may require from their customers, and you also consent to our sharing of any of your personal information which may be necessary or appropriate to facilitate the delivery. Currently, we have approved DoorDash, Inc. to dispatch delivery services to our customers. DoorDash's terms of service can be reviewed here. DoorDash also has a separate Privacy Policy which you can review here.

Your use of the online ordering and delivery dispatch programs is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, which are each hereby incorporated by this reference.

Café Zupas Catering Mobile App

Café Zupas currently offers a mobile application to facilitate Customer catering orders (the "Catering Mobile App"). In order to use the Catering Mobile App, you must have a compatible mobile device; Café Zupas does not warrant that the Catering Mobile App will be compatible with your mobile device.

If you access the Catering Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and each of their subsidiaries shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms & Conditions against you. However, these third-party beneficiaries are not a party to these Terms & Conditions and are not responsible for the provision or support of the Catering Mobile App. You agree that your access to the Catering Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.

The Catering Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Catering Mobile App.

Currently, a third-party service provider by the name of Punchh, Inc. ("Punchh") administers our Catering Mobile App. When you use the Catering Mobile App, Punchh may require that you agree to a separate User Agreement between you and Punchh directly (which shall apply in addition to these Terms & Conditions with Café Zupas). Café Zupas is not a party to the Punchh User Agreement (if any). Punchh also has a separate Privacy Policy, which you can review here. Use of the Catering Mobile App is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, which are each hereby incorporated by this reference.

Café Zupas Catering Rewards Program

Café Zupas offers a Catering Rewards Program (the "Catering Rewards Program") to reward and thank our loyal catering customers at participating Café Zupas restaurants in the United States. Catering Rewards accumulated under the Catering Rewards Program are promotional and have no cash value. There are no membership fees associated with the Catering Rewards Program.

Eligibility: You may become a member ("Member") of the Catering Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 18 years of age at the time you enroll; (3) complete the enrollment process described herein; and (4) are an individual. No corporations, companies or other legal entities can participate in the Catering Rewards Program. Memberships and Catering Rewards are not transferable; only one person may be enrolled per Membership, and Members may not maintain more than one Catering Rewards Account. Members must provide their full legal name and accurate information when registering for a Catering Rewards account, and are responsible for updating such information as needed to maintain its accuracy. A violation of these Terms and Conditions shall give Café Zupas the right to cancel any applicable Member benefit.

Enrollment/Catering Rewards Account: You can enroll in the Catering Rewards Program and create a Catering Rewards account ("Catering Rewards Account") as follows:

  • Sign up online by visiting our Catering Rewards sign up web page here, and submitting all of the requested information.
  • Download the Café Zupas Catering App on your mobile device, and complete your account registration on the Catering Mobile App.

As a part of the Catering Rewards Program, Café Zupas will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, text messaging, and/or any other ways you may have selected when you enrolled in the Catering Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your

Catering Rewards Account and update your contact information or preferences. Catering Rewards: Once you have registered as a Catering Rewards Member, we will keep track of every catering order that you complete with your Catering Rewards Account during the period from December 1st to November 30th of the following calendar year (the "Catering Rewards Year"). The amount you spend during the Catering Rewards Year will determine the Catering Rewards Program benefits which are available to you. The Catering Rewards Program levels and associated benefits are as follows:

  • Silver Membership is achieved by spending more than $50.00 with your Catering Awards Account during the Catering Rewards Year. Silver Members are eligible for the following benefits:
    • A six percent (6%) account credit (also referred to as "Café Zupas Dollars") for all party-style catering orders, and a three percent (3%) account credit for all box lunch catering orders. Credits are awarded upon completion of each catering order and can be applied to any future Café Zupas purchases.
    • One free meal during the month of your birthday.
    • Early access to Café Zupas' seasonal menu on the terms established by Café Zupas from time to time; and
    • Access to a personal catering coordinator at each of our restaurants to help you plan catering orders and answer questions.
  • Gold Membership is achieved by spending more than $2,000.00 with your Catering Rewards Account during the Catering Rewards Year. Gold Members are eligible for the following benefits:
    • All Silver Member benefits listed above;
    • A free drink (fountain or House-Made Infusion) each time you come into Café Zupas;
    • A Visa gift card in an amount equal to five percent (5%) of what you have spent with your Catering Rewards Account during the applicable Catering Rewards Year (the gift cards are generally sent out in December of each year).
  • Diamond Membership is achieved by spending more than $7,500.00 with your Catering Rewards Account during the Catering Rewards Year. Diamond Members are eligible for all of the benefits awarded to Silver and Gold Members, except that Diamond Members will receive a Visa gift card in an amount equal to ten percent (10%) of what you have spent with your Catering Rewards Account during the applicable Catering Rewards Year.

Fundraising Program

Café Zupas offers a fundraising program (the "Fundraiser Night Program") in order to support benevolent local community organizations and causes. Through the program we agree to donate a portion of a designated Café Zupas restaurant's sales proceeds on scheduled Tuesday evenings between the hours of 5:00 pm and 9:00 pm (a "Fundraising Night").

Eligibility & Enrollment. Community groups who would like to fundraise for a benevolent local cause may request up to four (4) fundraising nights in a twelve (12) month period by contacting our Community Relations Manager via email at the address fundraising@cafezupas.com, or via phone at the number (801) 386-2160. We request that you schedule your Fundraising Night at least four (4) weeks in advance to give each of us time to coordinate a successful event with you. When you schedule a

Fundraising Night, we will ask you to provide some basic information about your group, the cause for which you will be fundraising, and your intended use of the donated funds. We will also provide you with a separate Donation Acceptance Agreement form which will contain the complete eligibility criteria and terms of your participation in the program, and which must be signed in order to participate. Café Zupas reserves the right to approve or decline Fundraising Night Requests in its discretion. Fundraising Nights. Once an eligible organization is enrolled in the Fundraising Night Program, Café Zupas will assist you in scheduling the event at the Café Zupas restaurant which is closest to the organization. We will also provide forms of basic marketing materials for the event, which your organization may print, copy and disseminate to promote the Fundraising Night through appropriate channels. On the night of the Fundraiser, we will track sales made to all customers at the scheduled location who reference your organization at the point of sale between the hours of 5:00 p.m. and 9:00 p.m. If the total sales attributable to your group exceed $350, then we will donate twenty percent (20%) of those sales to your organization. If sales attributable to your group exceed $2,500 then we will donate twenty five percent (25%) of the sales to your organization. If sales are under $350, then no donation will be made. For the purposes of calculating sales attributable to your organization and corresponding donation amounts, sales tax and the amounts of any refunds shall be excluded.

Additional Terms. Café Zupas is not responsible for verifying information provided by organizations requesting a Fundraiser Night, but it reserves the right to request that such organizations provide reasonable information to verify the same upon Café Zupas' request. Café Zupas is not responsible in any way for how any donations to participating organizations are actually used or applied. The forms of marketing materials provided by Café Zupas (and our name and trademarks) may not be altered, and may not be repurposed or used for any reason other than for promotion of the Fundraising Night. Participating organizations shall be solely responsible for complying with all applicable laws, rules and regulations which may apply with regard to the organization's promotion of the Fundraising Night, the solicitation of customers for the same, and the receipt, use and accounting for any donations attributable to a Fundraising Night event. Organizations may not solicit participation for the Fundraising Night in the restaurant, or in other parts of any commercial development in which the participating Café Zupas location is located. Participating organizations are also advised that local charitable sales promotions laws may apply. In addition to the terms of the Donation Acceptance Agreement, the Fundraising Program is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, each of which is hereby incorporated by this reference.

Promotional Terms & Conditions

From time to time Café Zupas may offer particular promotions or sweepstakes through its Online Services (a "Promotion"). Each such Promotion is subject to the particular terms and conditions described in such Promotion, as well as the following general Promotional Terms & Conditions.

Introduction: Promotions may only be entered into and from the States where Café Zupas operates (currently Arizona, Idaho, Illinois, Minnesota, Nevada, Ohio, Utah or Wisconsin) and entries originating from any other jurisdiction are ineligible. NO PURCHASE NECESSARY; PURCHASES DO NOT IMPROVE YOUR CHANCE OF WINNING.

Eligibility: Entrants must be legal residents of the States set forth above and must be aged 18 years or older as of the date of entry. Employees of Café Zupas and their family/household members (defined as parents, spouse, children, siblings, grandparents) are not eligible to enter. Void outside of the States identified above and where prohibited, taxed, or restricted by law. All federal, state and/or local rules and regulations apply.

Start/End Dates: Promotions will begin and end on the dates specified in the Promotion, and if not specified will end thirty (30) days after commencement of the Promotion.

How to Enter: Instructions for entering the Promotion will be provided in the Promotion. Limit one entry per person. More than one entry from any person (including entries from more than one email address or multiple entries from the same email address) may at Café Zupas' election void all entries from that person. Entrants must have a valid email address. No automated entry devices and/or programs permitted. Café Zupas is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, or technically corrupted entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Café Zupas.

Drawing: Promotion winners will be selected according to the terms of the Promotion from all valid eligible entries received by Café Zupas, whose decisions are final and binding in all matters relating to the Promotion. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by e-mail or mail. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.

Prizes: The nature of any prizes awarded in the Promotion will be described in the particular Promotion. Prizes are not transferable. No substitutions of prizes allowed by winner. Prizes are not redeemable by winner for cash value. All taxes, fees and surcharges on prizes are the sole responsibility of winner.

Prize Forfeiture: The winner will be required to execute: (i) a certification that he or she is eligible based on these terms and conditions, (ii) a release and a publicity release consistent with the terms hereof, each within 14 days of prize notification. If the winner cannot be contacted within 14 days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.

Conditions: Cafe Zupas will have right to photograph winner. Entry constitutes permission to use winner's name, picture, likeness, and city and state of residence for purposes of trade, publicity or promotion for no additional compensation except where prohibited by law. By participating, entrants and winners to release and hold harmless Cafe Zupas, and their respective parent companies, subsidiaries, affiliates, advertising and promotions agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Cafe Zupas are not responsible if Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to force majeure, acts of war, natural disasters, weather, acts of terrorism or other circumstances which are not reasonably within Cafe Zupas' control.

Miscellaneous: All entries become the sole property of Cafe Zupas and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Cafe Zupas with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Cafe Zupas that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Cafe Zupas reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. Cafe Zupas assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Cafe Zupas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Cafe Zupas on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Promotion. Cafe Zupas may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Cafe Zupas representatives. Promotions are also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, which is hereby incorporated by this reference.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CAFE ZUPAS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Use of Data: Cafe Zupas will be collecting personal data provided by you in entering the Promotion. The collection and use of such information shall be governed by the terms of the Café Zupas Privacy Policy.

Cafe Zupas Contact Information & List of Winners: The Cafe Zupas of this Promotion is Café Zupas, L.C. For inquiries or to obtain a list of winners, send a self-addressed, stamped envelope to: Café Zupas, L.C., Attn: Marketing Department, 460 W Universal Circle, Sandy, Utah 84070.

Online Job Applications

Café Zupas is an equal opportunity employer committed to a diverse workforce and we do not discriminate on the bases of any race, color, religion, sex, national origin, age, disability, genetic information, or any other applicable classification of the States in which we operate. The Online Services include an option to apply for employment positions with Café Zupas. Please understand that submission and acceptance of your application via the Online Services does not constitute an offer or promise of any employment. Your use of the online job application service is subject to all General Terms of Café Zupas' Online Services, and to Café Zupas' Privacy Policy, and such agreements are hereby incorporated by reference into the terms of these Online Job Applications.

Currently, all online job applications are processed by a third-party provider named Student Genius, L.C. (d/b/a Zenapply). As a result, online job applications will also be subject to any terms, conditions and policies of Zenapply which you can review here; and here. In the event that your job application or any related information is submitted via any third-party job posting website, your submission will also be subject to the policies, terms and conditions of the third-party website.

You are not required to submit your job applications online, and you may request an application at any Café Zupas restaurant, by phone, or by emailing us at info@cafezupas.com. We are committed to ensuring equal access to available positions, and if you require any reasonable accommodation to complete the application process, please submit such requests in person at the restaurant, or via the phone number or email address provided above.

Café Zupas participates in E-Verify where mandated by law.

SMS/MMS Terms & Conditions

From time to time Café Zupas may provide SMS/MMS messaging programs (each a "Text Program") to receive special offers and other promotional text messages sent from the Company's short code to your mobile device. By opting in to the Text Program, you consent to receive these text messages and to be bound by the following terms and conditions. The Company does not use an automatic telephone dialing system to generate, store, or deliver its text messages. Consent is not required to purchase goods or services.

Eligibility. To participate in the Text Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier. Further, you must be a resident of the United States and 18 years of age or older. Café Zupas reserves the right to require you to prove that you are at least 18 years of age.

Pricing. Café Zupas does not charge any fee to Customers for the Text Program; however, your mobile carrier's standard message and data rates may apply. Please contact your wireless carrier for more information.

Opting Into and Out Of the Text Program. You may opt in to a Text Program by texting to a designated short code provided for such Text Program. You may also text Café Zupas for information using specific keywords. If you would like to query our system for a single response from a specific department (e.g. text CATERING to the designated short code). To opt out of future messages at any time, text STOP to the designated short code or reply QUIT, END, CANCEL, UNSUBSCRIBE to any message received from Café Zupas.

No Warranties. Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with the Text Program or issues arising from the same.

Termination of Messaging. Café Zupas may suspend or terminate your receipt of Café Zupas text messages if the Company believes you are in breach of these SMS/MMS Terms and Conditions, or any of the General Terms and conditions for Online Services.  Your receipt of Café Zupas text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Café Zupas reserves the right to modify or discontinue, temporarily or permanently, all or any part of Café Zupas text messages, with or without notice.

General Terms & Conditions for Online Services & Privacy Policy. Your participation in the Text Program shall be further subject to all General Terms of Café Zupas' Online Services, and to Café Zupas' Privacy Policy, and such agreements are hereby incorporated by reference into the terms of these SMS/MMS Terms and Conditions.

Customer Feedback

Our website also allows you to submit compliments, concerns and questions via our Customer Feedback Page, and we appreciate our customers who take the time to do so. Use of our Customer Feedback Page is subject to all General Terms of Café Zupas' Online Services (specifically including but not limited to the section on Submissions by Users of the Online Systems), and to our Privacy Policy, and such agreements are hereby incorporated by this reference.

Currently, our Customer Feedback Page is operated by SurveyMonkey, Inc., and as a result, your use of the page will also be subject to SurveyMonkey's own Privacy Policy, which you may review by following this link: here.

Gift Cards

Your Café Zupas gift card may only be used for making purchases at participating Café Zupas restaurants. Gift cards have no value until purchased and activated. The value of this card will not be replaced if the card is damaged, lost, or stolen except as may be required by law. Purchases are deducted from gift card balance, and any unused balance will remain associated with gift card for future use. If a purchase exceeds your gift card balance, then the remaining amount must be paid with another payment method. Gift cards cannot be used to purchase other gift cards. Gift cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Gift cards cannot be used for previously purchased goods or services. Gift cards are not credit or debit cards. Café Zupas reserves the right to void a gift card if we receive a credit card chargeback or other form of repudiated payment made towards the gift card, or if we suspect that it was obtained in a fraudulent, unauthorized or unlawful manner, or used or applied to purchases that are fraudulent, unauthorized, unlawful or otherwise in violation of these Terms & Conditions.

After twelve (12) months of inactivity, a fee of $2.00 per month will be deducted from the inactive gift card's balance except where (and only to the extent) prohibited by law.

For card or balance information visit Gift Card Balance.

The Gift Card program is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, each of which are hereby incorporated by this reference.

These Terms and Conditions of Use ("Terms & Conditions") apply to your access to, and use of, online services and programs ("Online Services") which Café Zupas, L.C. ("Café Zupas," "we," or "us") has made available to our customers ("Customers," "Users" or "you"). Covered services include our website, mobile application, online ordering, catering, delivery dispatch, job application, and customer feedback platforms. Covered programs include our customer loyalty, catering rewards, fundraising, promotional, and gift card programs. The "General Terms" section of these Terms & Conditions apply to all of the various Online Services. The "Specific Services & Programs" portion of these Terms & Conditions identify additional terms and conditions which are specific to particular services and programs. Please note that several of the Online Services may be administered by third-party contractors who will require your agreement to additional terms related specifically to their service. Many of those additional agreements are identified below in the Specific Services & Programs section.

Please read these Terms & Conditions carefully before downloading, accessing or using any of the Online Services. By accessing or using the Online Services, you agree to abide these Terms & Conditions, as well as such additional agreements which may apply to the particular Online Service being used. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services or these Terms & Conditions in any way, your sole and exclusive remedy is to discontinue using the Online Services.

GENERAL TERMS (APPLICABLE TO ALL ONLINE SERVICES)

Modifications to Online Services

Café Zupas may at any time, for any reason, modify, suspend, limit or terminate operation of or access to any Online Service, or any portion thereof, whether on a general or specific user level, and without notice or liability. In addition, Café Zupas reserves the right at any time to update, change, modify, or revise these Terms & Conditions. Any changes will become effective upon posting such modifications on our website (please review the "Last Updated" date above to identify when these Terms & Conditions were last modified). Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms & Conditions as modified. It is your responsibility to review the Terms & Conditions regularly for updates.

Privacy of Users

Café Zupas has a separate Privacy Policy (the "Privacy Policy") relating to how Customer Data is collected and used via the Online Services. The Privacy Policy is available for review by selecting the "Privacy Policy" links here or at the bottom of our website. By accessing or using the Online Services, you are also agreeing to the terms of the Privacy Policy which are incorporated into these Terms & Conditions by this reference.

Ownership & Licensing of the Online Services and Intellectual Property

The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the "look and feel", pages, screens, content arrangement, and computer programs) (collectively, "Materials") are owned by or licensed to Café Zupas and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, Café Zupas grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, Café Zupas does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. "Café Zupas" and "Nourish the Good Life" are registered trademark and service marks of Café Zupas in the United States and other countries. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the "Intellectual Property") are owned by or licensed to Café Zupas with all rights reserved unless otherwise noted. Café Zupas does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that Café Zupas and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Standards of Conduct for Users of the Online Services

You agree to use the Online Services, Materials, and all related programs, features and services in accordance with these Terms & Conditions and all applicable laws and regulations. Specifically (and without limitation), you agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials;
  • use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the Online Services;
  • use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person's use or enjoyment of the Online Services;
  • transmit any viruses, worms, defects, Trojan horses, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Café Zupas;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Café Zupas or any other person or entity.

Café Zupas reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.

Submissions by Users of the Online Systems

Except as otherwise stated in our Privacy Policy with respect to your personal information, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services (collectively, "Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate, and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

We may, without notice to you, refuse or edit Submissions for any reason or no reason.

User Logins and Registration

Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Café Zupas immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Café Zupas or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else's login at any time without their express written permission. Café Zupas shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Third-Party Sites and Social Media Pages

The Online Services may contain links to other third-party websites, including social media platforms, such as Facebook, Pinterest, LinkedIn, Twitter, Snap Chat or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Café Zupas shall have no responsibility or liability related to your use of any Linked Site, or the content, policies, or actions thereof. If you choose to use any product or service from a Linked Site, your relationship is with that third party. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Electronic Communications

When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions.

No Warranties

Café Zupas makes no representations or warranties regarding the Online Services and Materials.

THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NO WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF CAFé ZUPAS ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND ALL MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.

Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS & CONDITIONS AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Violation of these Terms & Conditions

You agree that Café Zupas may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Café Zupas. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Café Zupas takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Café Zupas.

Indemnification

You agree to indemnify, defend, and hold harmless Café Zupas and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms & Conditions; and/or (2) your activities in connection with the Online Services, and Materials, programs, features, and services made available through the Online Services.

Dispute Resolution Through Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CAFé ZUPAS.

Except for small claims disputes in which you or Café Zupas seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Café Zupas seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Café Zupas waive the right to a jury trial and to have any dispute arising out of or related to these Terms & Conditions resolved in court. Instead, all disputes arising out of or relating to these Terms & Conditions or the Online Services will be resolved through confidential binding arbitration held in Salt Lake County, Utah or by telephonic conference in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Café Zupas agree that any dispute arising out of or related to these Terms & Conditions or our Online Services is personal to you and Café Zupas and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Café Zupas agree that these Terms & Conditions affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms & Conditions and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Café Zupas agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by providing written notice to:

Café Zupas, L.C.
Attn: Legal Department
460 W Universal Circle
Sandy, Utah 84070

In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the choice of law and venue designated below.

International Users and Choice of Law

The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We make no representation that Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export Materials in violation of U.S. export laws and regulations. If you access the Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms & Conditions and our Privacy Policy shall be governed by the laws of the State of Utah, without regard to conflict of laws provisions or principles. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or arising from the Online Services shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement, Claims Limitations, and Severability

These Terms & Conditions, together with our Privacy Policy and any other applicable terms included within the Online Services, and/or Materials, programs, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use the Online Services and Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms & Conditions, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms & Conditions and Privacy Policy shall continue in full force and effect. Café Zupas' failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

Children's Privacy and Site Age Limitations

The Online Services intended for use by persons aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 13.

Contact Us

If you have any questions about these Terms & Conditions or the Online Services, email us at infor@cafezupas.com, or write to us at:

Café Zupas, L.C.
460 West Universal Circle
Sandy, Utah 84070
Attn: Online Services

Specific Services & Programs

Online Ordering & Delivery Services

We may provide Customers with the ability to order through the Online Services from our participating locations. Prices of menu items may vary from location to location and due to any applicable delivery fees or additional services provided. Minimum order amounts may apply. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. The location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with ordering through the Online Services. Every participating location may not have all menu items identified through the Online Services.

Although the Company strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, information errors may occur on this site. In the event that any Company product that is available through this site is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order. Without limitation of the foregoing, the Company is not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and your order is cancelled by the Company, we will issue a credit to your credit card account in the amount charged.

If you place an order with us and fail to pick it up, we reserve the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up the order, please contact the store that is fulfilling the order as soon as possible to let them know you cannot pick up the order and to see whether a charge may be avoided. This policy is in place to help us manage food costs and keep our prices low.

Currently, a third-party service provider by the name of Mobo Systems, Inc. (d/b/a "Olo") administers our online ordering services. When you use the online ordering service Olo will require that you agree to a separate User Agreement between you and Olo directly (which shall apply in addition to these Terms & Conditions with Café Zupas). Café Zupas is not a party to the Olo User Agreement. You can review Olo's User Agreement here. Olo also has a separate Privacy Policy, which you can review here.

In connection with the online ordering platform, we may also offer you the option to have your food delivered to you by an approved third-party delivery service. Once our products are transferred to the delivery provider, we have no control over, nor responsibility for, the actions of the delivery provider or any deterioration in the quality of products during delivery. By using such third-party delivery services, you will be subject to any separate terms and conditions which they may require from their customers, and you also consent to our sharing of any of your personal information which may be necessary or appropriate to facilitate the delivery. Currently, we have approved DoorDash, Inc. to dispatch delivery services to our customers. DoorDash's terms of service can be reviewed here. DoorDash also has a separate Privacy Policy which you can review here.

Your use of the online ordering and delivery dispatch programs is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, which are each hereby incorporated by this reference.

Café Zupas Catering Mobile App

Café Zupas currently offers a mobile application to facilitate Customer catering orders (the "Catering Mobile App"). In order to use the Catering Mobile App, you must have a compatible mobile device; Café Zupas does not warrant that the Catering Mobile App will be compatible with your mobile device.

If you access the Catering Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and each of their subsidiaries shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms & Conditions against you. However, these third-party beneficiaries are not a party to these Terms & Conditions and are not responsible for the provision or support of the Catering Mobile App. You agree that your access to the Catering Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.

The Catering Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Catering Mobile App.

Currently, a third-party service provider by the name of Punchh, Inc. ("Punchh") administers our Catering Mobile App. When you use the Catering Mobile App, Punchh may require that you agree to a separate User Agreement between you and Punchh directly (which shall apply in addition to these Terms & Conditions with Café Zupas). Café Zupas is not a party to the Punchh User Agreement (if any). Punchh also has a separate Privacy Policy, which you can review here. Use of the Catering Mobile App is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, which are each hereby incorporated by this reference.

Café Zupas Catering Rewards Program

Café Zupas offers a Catering Rewards Program (the "Catering Rewards Program") to reward and thank our loyal catering customers at participating Café Zupas restaurants in the United States. Catering Rewards accumulated under the Catering Rewards Program are promotional and have no cash value. There are no membership fees associated with the Catering Rewards Program.

Eligibility: You may become a member ("Member") of the Catering Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 18 years of age at the time you enroll; (3) complete the enrollment process described herein; and (4) are an individual. No corporations, companies or other legal entities can participate in the Catering Rewards Program. Memberships and Catering Rewards are not transferable; only one person may be enrolled per Membership, and Members may not maintain more than one Catering Rewards Account. Members must provide their full legal name and accurate information when registering for a Catering Rewards account, and are responsible for updating such information as needed to maintain its accuracy. A violation of these Terms and Conditions shall give Café Zupas the right to cancel any applicable Member benefit.

Enrollment/Catering Rewards Account: You can enroll in the Catering Rewards Program and create a Catering Rewards account ("Catering Rewards Account") as follows:

  • Sign up online by visiting our Catering Rewards sign up web page here, and submitting all of the requested information.
  • Download the Café Zupas Catering App on your mobile device, and complete your account registration on the Catering Mobile App.

As a part of the Catering Rewards Program, Café Zupas will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, text messaging, and/or any other ways you may have selected when you enrolled in the Catering Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your

Catering Rewards Account and update your contact information or preferences. Catering Rewards: Once you have registered as a Catering Rewards Member, we will keep track of every catering order that you complete with your Catering Rewards Account during the period from December 1st to November 30th of the following calendar year (the "Catering Rewards Year"). The amount you spend during the Catering Rewards Year will determine the Catering Rewards Program benefits which are available to you. The Catering Rewards Program levels and associated benefits are as follows:

  • Silver Membership is achieved by spending more than $50.00 with your Catering Awards Account during the Catering Rewards Year. Silver Members are eligible for the following benefits:
    • A six percent (6%) account credit (also referred to as "Café Zupas Dollars") for all party-style catering orders, and a three percent (3%) account credit for all box lunch catering orders. Credits are awarded upon completion of each catering order and can be applied to any future Café Zupas purchases.
    • One free meal during the month of your birthday.
    • Early access to Café Zupas' seasonal menu on the terms established by Café Zupas from time to time; and
    • Access to a personal catering coordinator at each of our restaurants to help you plan catering orders and answer questions.
  • Gold Membership is achieved by spending more than $2,000.00 with your Catering Rewards Account during the Catering Rewards Year. Gold Members are eligible for the following benefits:
    • All Silver Member benefits listed above;
    • A free drink (fountain or House-Made Infusion) each time you come into Café Zupas;
    • A Visa gift card in an amount equal to five percent (5%) of what you have spent with your Catering Rewards Account during the applicable Catering Rewards Year (the gift cards are generally sent out in December of each year).
  • Diamond Membership is achieved by spending more than $7,500.00 with your Catering Rewards Account during the Catering Rewards Year. Diamond Members are eligible for all of the benefits awarded to Silver and Gold Members, except that Diamond Members will receive a Visa gift card in an amount equal to ten percent (10%) of what you have spent with your Catering Rewards Account during the applicable Catering Rewards Year.

Fundraising Program

Café Zupas offers a fundraising program (the "Fundraiser Night Program") in order to support benevolent local community organizations and causes. Through the program we agree to donate a portion of a designated Café Zupas restaurant's sales proceeds on scheduled Tuesday evenings between the hours of 5:00 pm and 9:00 pm (a "Fundraising Night").

Eligibility & Enrollment. Community groups who would like to fundraise for a benevolent local cause may request up to four (4) fundraising nights in a twelve (12) month period by contacting our Community Relations Manager via email at the address fundraising@cafezupas.com, or via phone at the number (801) 386-2160. We request that you schedule your Fundraising Night at least four (4) weeks in advance to give each of us time to coordinate a successful event with you. When you schedule a

Fundraising Night, we will ask you to provide some basic information about your group, the cause for which you will be fundraising, and your intended use of the donated funds. We will also provide you with a separate Donation Acceptance Agreement form which will contain the complete eligibility criteria and terms of your participation in the program, and which must be signed in order to participate. Café Zupas reserves the right to approve or decline Fundraising Night Requests in its discretion. Fundraising Nights. Once an eligible organization is enrolled in the Fundraising Night Program, Café Zupas will assist you in scheduling the event at the Café Zupas restaurant which is closest to the organization. We will also provide forms of basic marketing materials for the event, which your organization may print, copy and disseminate to promote the Fundraising Night through appropriate channels. On the night of the Fundraiser, we will track sales made to all customers at the scheduled location who reference your organization at the point of sale between the hours of 5:00 p.m. and 9:00 p.m. If the total sales attributable to your group exceed $350, then we will donate twenty percent (20%) of those sales to your organization. If sales attributable to your group exceed $2,500 then we will donate twenty five percent (25%) of the sales to your organization. If sales are under $350, then no donation will be made. For the purposes of calculating sales attributable to your organization and corresponding donation amounts, sales tax and the amounts of any refunds shall be excluded.

Additional Terms. Café Zupas is not responsible for verifying information provided by organizations requesting a Fundraiser Night, but it reserves the right to request that such organizations provide reasonable information to verify the same upon Café Zupas' request. Café Zupas is not responsible in any way for how any donations to participating organizations are actually used or applied. The forms of marketing materials provided by Café Zupas (and our name and trademarks) may not be altered, and may not be repurposed or used for any reason other than for promotion of the Fundraising Night. Participating organizations shall be solely responsible for complying with all applicable laws, rules and regulations which may apply with regard to the organization's promotion of the Fundraising Night, the solicitation of customers for the same, and the receipt, use and accounting for any donations attributable to a Fundraising Night event. Organizations may not solicit participation for the Fundraising Night in the restaurant, or in other parts of any commercial development in which the participating Café Zupas location is located. Participating organizations are also advised that local charitable sales promotions laws may apply. In addition to the terms of the Donation Acceptance Agreement, the Fundraising Program is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, each of which is hereby incorporated by this reference.

Promotional Terms & Conditions

From time to time Café Zupas may offer particular promotions or sweepstakes through its Online Services (a "Promotion"). Each such Promotion is subject to the particular terms and conditions described in such Promotion, as well as the following general Promotional Terms & Conditions.

Introduction: Promotions may only be entered into and from the States where Café Zupas operates (currently Arizona, Idaho, Illinois, Minnesota, Nevada, Ohio, Utah or Wisconsin) and entries originating from any other jurisdiction are ineligible. NO PURCHASE NECESSARY; PURCHASES DO NOT IMPROVE YOUR CHANCE OF WINNING.

Eligibility: Entrants must be legal residents of the States set forth above and must be aged 18 years or older as of the date of entry. Employees of Café Zupas and their family/household members (defined as parents, spouse, children, siblings, grandparents) are not eligible to enter. Void outside of the States identified above and where prohibited, taxed, or restricted by law. All federal, state and/or local rules and regulations apply.

Start/End Dates: Promotions will begin and end on the dates specified in the Promotion, and if not specified will end thirty (30) days after commencement of the Promotion.

How to Enter: Instructions for entering the Promotion will be provided in the Promotion. Limit one entry per person. More than one entry from any person (including entries from more than one email address or multiple entries from the same email address) may at Café Zupas' election void all entries from that person. Entrants must have a valid email address. No automated entry devices and/or programs permitted. Café Zupas is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, or technically corrupted entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Café Zupas.

Drawing: Promotion winners will be selected according to the terms of the Promotion from all valid eligible entries received by Café Zupas, whose decisions are final and binding in all matters relating to the Promotion. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by e-mail or mail. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.

Prizes: The nature of any prizes awarded in the Promotion will be described in the particular Promotion. Prizes are not transferable. No substitutions of prizes allowed by winner. Prizes are not redeemable by winner for cash value. All taxes, fees and surcharges on prizes are the sole responsibility of winner.

Prize Forfeiture: The winner will be required to execute: (i) a certification that he or she is eligible based on these terms and conditions, (ii) a release and a publicity release consistent with the terms hereof, each within 14 days of prize notification. If the winner cannot be contacted within 14 days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.

Conditions: Cafe Zupas will have right to photograph winner. Entry constitutes permission to use winner's name, picture, likeness, and city and state of residence for purposes of trade, publicity or promotion for no additional compensation except where prohibited by law. By participating, entrants and winners to release and hold harmless Cafe Zupas, and their respective parent companies, subsidiaries, affiliates, advertising and promotions agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Cafe Zupas are not responsible if Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to force majeure, acts of war, natural disasters, weather, acts of terrorism or other circumstances which are not reasonably within Cafe Zupas' control.

Miscellaneous: All entries become the sole property of Cafe Zupas and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Cafe Zupas with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Cafe Zupas that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Cafe Zupas reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. Cafe Zupas assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Cafe Zupas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Cafe Zupas on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Promotion. Cafe Zupas may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Cafe Zupas representatives. Promotions are also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, which is hereby incorporated by this reference.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CAFE ZUPAS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Use of Data: Cafe Zupas will be collecting personal data provided by you in entering the Promotion. The collection and use of such information shall be governed by the terms of the Café Zupas Privacy Policy.

Cafe Zupas Contact Information & List of Winners: The Cafe Zupas of this Promotion is Café Zupas, L.C. For inquiries or to obtain a list of winners, send a self-addressed, stamped envelope to: Café Zupas, L.C., Attn: Marketing Department, 460 W Universal Circle, Sandy, Utah 84070.

Online Job Applications

Café Zupas is an equal opportunity employer committed to a diverse workforce and we do not discriminate on the bases of any race, color, religion, sex, national origin, age, disability, genetic information, or any other applicable classification of the States in which we operate. The Online Services include an option to apply for employment positions with Café Zupas. Please understand that submission and acceptance of your application via the Online Services does not constitute an offer or promise of any employment. Your use of the online job application service is subject to all General Terms of Café Zupas' Online Services, and to Café Zupas' Privacy Policy, and such agreements are hereby incorporated by reference into the terms of these Online Job Applications.

Currently, all online job applications are processed by a third-party provider named Student Genius, L.C. (d/b/a Zenapply). As a result, online job applications will also be subject to any terms, conditions and policies of Zenapply which you can review here; and here. In the event that your job application or any related information is submitted via any third-party job posting website, your submission will also be subject to the policies, terms and conditions of the third-party website.

You are not required to submit your job applications online, and you may request an application at any Café Zupas restaurant, by phone, or by emailing us at info@cafezupas.com. We are committed to ensuring equal access to available positions, and if you require any reasonable accommodation to complete the application process, please submit such requests in person at the restaurant, or via the phone number or email address provided above.

Café Zupas participates in E-Verify where mandated by law.

SMS/MMS Terms & Conditions

From time to time Café Zupas may provide SMS/MMS messaging programs (each a "Text Program") to receive special offers and other promotional text messages sent from the Company's short code to your mobile device. By opting in to the Text Program, you consent to receive these text messages and to be bound by the following terms and conditions. The Company does not use an automatic telephone dialing system to generate, store, or deliver its text messages. Consent is not required to purchase goods or services.

Eligibility. To participate in the Text Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier. Further, you must be a resident of the United States and 18 years of age or older. Café Zupas reserves the right to require you to prove that you are at least 18 years of age.

Pricing. Café Zupas does not charge any fee to Customers for the Text Program; however, your mobile carrier's standard message and data rates may apply. Please contact your wireless carrier for more information.

Opting Into and Out Of the Text Program. You may opt in to a Text Program by texting to a designated short code provided for such Text Program. You may also text Café Zupas for information using specific keywords. If you would like to query our system for a single response from a specific department (e.g. text CATERING to the designated short code). To opt out of future messages at any time, text STOP to the designated short code or reply QUIT, END, CANCEL, UNSUBSCRIBE to any message received from Café Zupas.

No Warranties. Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with the Text Program or issues arising from the same.

Termination of Messaging. Café Zupas may suspend or terminate your receipt of Café Zupas text messages if the Company believes you are in breach of these SMS/MMS Terms and Conditions, or any of the General Terms and conditions for Online Services.  Your receipt of Café Zupas text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Café Zupas reserves the right to modify or discontinue, temporarily or permanently, all or any part of Café Zupas text messages, with or without notice.

General Terms & Conditions for Online Services & Privacy Policy. Your participation in the Text Program shall be further subject to all General Terms of Café Zupas' Online Services, and to Café Zupas' Privacy Policy, and such agreements are hereby incorporated by reference into the terms of these SMS/MMS Terms and Conditions.

Customer Feedback

Our website also allows you to submit compliments, concerns and questions via our Customer Feedback Page, and we appreciate our customers who take the time to do so. Use of our Customer Feedback Page is subject to all General Terms of Café Zupas' Online Services (specifically including but not limited to the section on Submissions by Users of the Online Systems), and to our Privacy Policy, and such agreements are hereby incorporated by this reference.

Currently, our Customer Feedback Page is operated by SurveyMonkey, Inc., and as a result, your use of the page will also be subject to SurveyMonkey's own Privacy Policy, which you may review by following this link: here.

Gift Cards

Your Café Zupas gift card may only be used for making purchases at participating Café Zupas restaurants. Gift cards have no value until purchased and activated. The value of this card will not be replaced if the card is damaged, lost, or stolen except as may be required by law. Purchases are deducted from gift card balance, and any unused balance will remain associated with gift card for future use. If a purchase exceeds your gift card balance, then the remaining amount must be paid with another payment method. Gift cards cannot be used to purchase other gift cards. Gift cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Gift cards cannot be used for previously purchased goods or services. Gift cards are not credit or debit cards. Café Zupas reserves the right to void a gift card if we receive a credit card chargeback or other form of repudiated payment made towards the gift card, or if we suspect that it was obtained in a fraudulent, unauthorized or unlawful manner, or used or applied to purchases that are fraudulent, unauthorized, unlawful or otherwise in violation of these Terms & Conditions.

After twelve (12) months of inactivity, a fee of $2.00 per month will be deducted from the inactive gift card's balance except where (and only to the extent) prohibited by law.

For card or balance information visit Gift Card Balance.

The Gift Card program is also subject to all the General Terms set forth in the Terms & Conditions for our Online Services, and our Privacy Policy, each of which are hereby incorporated by this reference.