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Yoshinoya Application Terms and Conditions

Last updated: June 26, 2020

Yoshinoya (the "App") is offered by Yoshinoya America ("Yoshinoya America", "Yoshinoya", "we", or "us"). These Terms and Conditions ("Terms and Conditions") apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms of Use are a legal and binding agreement between you and Yoshinoya America governing your use of this App, which includes its content, information, services, and features.

Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program and may be revised by Yoshinoya from time to time. This is a binding agreement between the User ("User") and Yoshinoya America, Inc. If you do not agree to these terms, User should uninstall this App and should not participate in the Rewards Program. These terms contain disclaimers and other provisions that limit our liability to the User.

Modifications

Yoshinoya America may modify these Terms and Conditions or any other policies related to the use of the App at any time without notice and at its sole discretion by changing these terms within the App. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance of the modifications.

Additionally, Yoshinoya America may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

Content & Use

This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the "Content") are owned by or licensed to Yoshinoya America and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Yoshinoya America grants you a personal, non-exclusive, non-transferable, limited, and revocable right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.

You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Yoshinoya America may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

Yoshinoya requests that Users not use the App or access the Rewards Program while driving.

Rewards Program

Yoshinoya America offers the Yoshinoya Rewards Program (the "Rewards Program") to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Yoshinoya restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.

Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 16 years of age at the time you enroll; (3) have an active, valid email address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.

THE REWARDS PROGRAM IS NOT TARGETED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF 16. If you are between the ages of 16 and 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account ("Rewards Account") in one of the following ways:

Visit the Yoshinoya website: www.yoshinoyaamerica.com;

Create an account through the mobile app (Apple Store or Google Play Store) by signing in with your Apple ID, connecting with Facebook, or providing an email.

Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.

As a part of the Rewards Program, Yoshinoya America 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 and/or any other ways you may have selected when you enrolled in the 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 Rewards Account and update your contact information or preferences. Rewards: You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:

Qualifying Purchases: Members will earn and receive points toward Rewards by making qualified purchases at participating Yoshinoya America restaurants and scanning the QR code in the app at the cashier during an in-restaurant purchase, scanning the barcode on the receipt from your purchase with the built-in scanner in the App, completing a purchase online while being signed in to your Yoshinoya Rewards account or inputting the barcode number located at the bottom of your receipt within 24 hours of your purchase. You will earn five (5) points for every dollar spent pre-tax. You will not earn points towards an earned Reward if you spend less than a total of $0.51 in one transaction at a participating Yoshinoya America restaurant. Further, you may only earn points twice per 24 hour period, meaning that you will only be eligible to receive points for two transactions, regardless of the number of transactions you make during that visit.

You can track your Points and by logging into your Rewards Account History or by accessing the Rewards Page on your mobile app.

Referral Bonuses: You can also receive an extra 25 points for every friend you refer who joins our Rewards Program. Your extra points will not be awarded until the referred member enrolls in the Rewards Program using your invite code and makes their first purchase.

You can also share your Yoshinoya America experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Yoshinoya America website, Facebook page, and/or other social media outlets.

Rewards: By accumulating points in your Rewards Account, you can exchange for a variety of rewards, including, but not limited to: "Any Dessert/Drink, Any Appetizer, Any Regular Bowl & Any Large or Combo Bowl" (a "Reward"), which you may redeem at participating Yoshinoya America restaurants. The Reward will be valid based on the date listed on the reward. Once you earn a Reward, you may start accumulating points towards another Reward. You may only redeem one Reward per transaction, regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon. Points expire after one year of inactivity and rewards expire based on the date listed on the offer. Yoshinoya America reserves the right to change the points needed to exchange for a reward or any exchangeable rewards without prior notice.

Additional Rewards Program Terms: Yoshinoya America reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Yoshinoya America may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Yoshinoya America also reserves the right to "unregister" and make ineligible for the Rewards Program any Rewards Account that has been inactive for one year. Inactive is defined as no Rewards earned.

Yoshinoya America has the right at any time, with or without giving you prior notice, to:

  • end or cancel the Rewards Program and/or any specific Reward;
  • change any Reward or other Rewards Program benefit we offer;
  • change the requirements for earning a particular Reward;
  • change the time you have in which to earn a particular Reward; and/or
  • change any other feature of the Rewards Program.

If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Login and Registration

Certain features or services offered on or through this App may require you to complete a registration process and/or set up an account or login. In connection therewith, you agree to (1) create only one account (2) provide true, accurate, current, and complete information about yourself, and (3) 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 Yoshinoya America immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Yoshinoya America or any other App 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 account or login information. Yoshinoya America shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Indemnification

The User agrees to defend, indemnify, and hold harmless Yoshinoya America, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("Yoshinoya America Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys' fees) ("Claims") that arise from or relate to the User's use or misuse of the Application, violation of these Terms, or violation of any rights of a third party. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Yoshinoya America Indemnitee's sole negligence. Yoshinoya reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties

THIS APP, THE CONTENT, AND REWARDS PROGRAMS ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND YOSHINOYA AMERICA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YOSHINOYA AMERICA DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitations of Liability

IN NO EVENT SHALL YOSHINOYA AMERICA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT YOSHINOYA AMERICA MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Electronic Communications

If a User signs up for a Yoshinoya Rewards account using the App, the User is, by default, opted in to receive promotional email communications from Yoshinoya ("Email Communications"). The User may, at the time of sign up, opt out of receiving Email Communications, or opt out later by adjusting the User's profile settings.

Similarly, upon download of this App, the User is provided the option to opt in to receive push notifications from Yoshinoya on his or her Device. This may include promotional communications, offers, and system messages pushed to the Device or within the App mailbox ("Push Notifications"). The User may, at any time following download of this App, opt out of receiving Push Notifications by adjusting the "Yoshinoya Notifications" switch within the App settings to "off", or within the Device's settings application under "Notifications" to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.

Likewise, the User is provided the option to opt in to review text messages from Yoshinoya on his or her Device. The User may, at any time following download of this App, opt out of receiving text messages by adjusting the "Enable SMS Promotions" toggle within the Profile settings of the App, or replying 'unsubscribe' to a text.

Finally, by using this App, in-app messages will automatically be displayed to the User via the App's display tiles and/or sent to the User via the App's inbox, including promotional communications and offers. If the User does not wish to see or receive such messages, the User must cease use of the App.

When you visit this App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically 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 and Conditions.

International Users

This App is controlled, operated, and administered by Yoshinoya America from offices within the United States of America. We make no representation regarding the use of this App outside of the United States. This App is not intended for use or access by anyone outside the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.

Governing Law/Venue

This App is governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in California for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that Yoshinoya America may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy

Please review our Privacy Policy located at https://www.yoshinoyaamerica.com/privacy-policy (the "Privacy Policy"), which is incorporated herein and also governs your use of this App, to understand Yoshinoya America's privacy practices. By downloading, installing, accessing or using the App, you consent to all actions that we take with respect to your data consistent with our privacy policy.

Notice to California Residents

Under California Civil Code Section 1789.3, California users of an electronic commercial service are entitled to the following specific consumer rights information: the provider of the App is Yoshinoya America, Inc., 991 Knox St., Torrance, CA 90502, (800) 756-8017. To file a complaint regarding the App or to receive further information regarding use of the App, send a letter to the above address or contact Yoshinoya via e-mail (with "California Resident Request" as the Subject Line) at customerservice@yoshinoyaamerica.com. In addition, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

General Provisions

All or any of Yoshinoya America's rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Yoshinoya America's assets. If for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Yoshinoya America's failure to act with respect to a breach by you or others does not waive Yoshinoya America's right to act with respect to that breach or subsequent or similar breaches.

Questions

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at: customerservice@yoshinoyaamerica.com.

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