Loyalty Terms & Conditions

XPERIENCE REWARDS LOYALTY PROGRAM

TERMS AND CONDITIONS

(LAST UPDATED NOVEMBER 22, 2023)

THESE TERMS GOVERN YOUR PARTICIPATION IN THE XPERIENCE REWARDS LOYALTY PROGRAM AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER” BELOW). 

ABOUT THE PROGRAM

The Xperience Rewards Loyalty Program (hereinafter the “Loyalty Program”) is operated by FM RESTAURANTS HOLDCO, LLC dba XPERIENCE RESTAURANT GROUP (hereinafter “XRG”) on behalf of the Chevys Fresh Mex, El Torito Restaurant, and Acapulco group of affiliated companies (hereinafter, the “Participating Restaurants”).  The Loyalty Program operates pursuant to these terms and conditions unless otherwise expressly stated (the “Program Terms”).  These Program Terms govern the Operator’s relationship with members of the Loyalty Program (collectively, “Members,” and individually, a “Member,” or “You”), including how Members may manage their accounts, earn and redeem Loyalty Program points (“Points”), and how the Loyalty Program is operated.

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with the Participating Restaurants for other products and services, or the terms or conditions of any other promotional offers or programs conducted by the Participating Restaurants outside the context of Loyalty Program.

Your digital Membership card, Membership Number, scannable code or other identifier associated with your Account and any accumulated Points and Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Account.

ACCEPTANCE OF THE PROGRAM TERMS

By opening a Loyalty Program account (“Account” or “Membership Account”), by using Program Account Number (“Membership Number”) to receive and redeem benefits of the Loyalty Program, (including, without limitation, Loyalty Program Points), or by using any code, digital reward coupon, or other identifier associated with the Loyalty Program, you agree that:

  • you have read and accept these Program Rules; and you have read and accept the Website Terms of Use which are incorporated by reference herein; and
  • you consent to the collection, use, and disclosure of your personal data by XRG, Participating Restaurants, and their authorized service providers, contractors, third parties, and licensees in accordance with the XRG’s Privacy Statement.

AMENDMENT OF THE LOYALTY PROGRAM AND TERMS

XRG may at any time amend, modify or supplement these Program Terms, the structure for earning awards (“Awards,” and individually, an “Award“) and Award levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards (collectively “Program Term Changes”).  Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

The Loyalty Program

  1. ELIGIBILITY

Membership in the Loyalty Program is free and available to any natural person for personal use only.  The Loyalty Program is not targeted towards, nor is Membership available to, anyone under the age of 13.  If you are between the ages of 13 and 18, you may join the Loyalty Program as a Member only under the supervision of a parent or legal guardian who agrees to be bound by these Program Terms. Membership is open only to residents of the 50 United States, Washington, D.C., and U.S. military locations.  Membership is limited to one per person. Duplicate Membership Accounts may be cancelled by XRG without notice. XRG may change the Loyalty Program eligibility requirements at any time and reserves the right to refuse or revoke Membership to any applicant for any reason, in its sole discretion, including forfeiture of Points associated with any Membership Account. Participation in the Loyalty Program, and any application for membership in the Loyalty Program, are void if prohibited by law in the state of the Member’s residence and are subject to change as may be necessary to comply with such laws or regulations. XRG’s determinations as to the eligibility of any individual seeking to enroll in the Loyalty Program is at XRG’s sole discretion.

  1. PARTICIPATING LOCATIONS

“Participating Locations” are those enrolled to participate in the Loyalty Program and will be listed myxperiencerewards.com. Not all Chevys Fresh Mex, El Torito Restaurant, or Acapulco Restaurant locations are Participating Locations. For example, Chevys Franchise locations in Bloomington, Sioux Falls, Clifton, Linden, Annapolis, Hanover, and St. Louis are not Participating Locations.

  1. CONDITIONS OF ENROLLMENT

Membership in the Loyalty Program requires an active Membership Account; Members with deactivated or terminated accounts will not be able to earn Points at Participating Locations.  Individuals who have not created a Membership Account may do so by completely and accurately completing the enrollment application located on Loyalty Program webpage located at any of the following: 1) www.chevys.com; 2) www.eltorito.com; and 3) www.acapulcorestaurant.com  (collectively “Participating Websites,” and each a “Participating Website”).  Individuals with an existing account at a Participating Website can create a Membership Account by clicking the “Join Now” button on Loyalty Program enrollment webpage. Individuals may opt-in to receive marketing communications from Chevys Fresh Mex, El Torito Restaurants, and Acapulco Restaurants via Email, SMS, or other electronic messaging methods.  Individuals are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in the Loyalty Program or as a condition of purchasing any goods or services at Participating Locations. User will opt-in to receive marketing and promotional messages for Xperience Rewards loyalty program.  Messages may pertain to promotional programs, new menu items, offers, etc.  Messages for this program will be sent from MYGUAC (694822) and begin with XPERIENCE REWARDS.  Messages frequency may vary.  Messages and data rates apply.  Subscribers can test HELP to MYGUAC (698226) for help or contact XPERIENCE REWARDS at https://www.xperiencerg.com/general-inquiries/ or by emailing dl-loyalty@xperiencerg.com . For terms pertaining to Loyalty Program communications with Members, please see Section 11, below.  You may have only one Xperience Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by XRG in its sole discretion.

  1. MEMBER PROFILES

Members may be asked to provide personal information and communication preferences as part of the enrollment application, which may include the Members first name, last name, password, email address (which are required to receive all eligible Rewards), mobile telephone number, and marketing preferences. Members may elect to provide other information, including your birthday or anniversary. Information provided by a Member will be maintain in a profile related to your Membership Account.  Members are required to provide and maintain accurate and complete information in their personal profile.  Personal Information collected will be used: to administer the Loyalty Program; to communicate with you about additional products and services; for market research and analytics; to administer the Points and Rewards collection and fulfillment; to offer Members products and services from selected third parties with whom XRG has marketing relationships and which may be based on Members interests and participation in the Loyalty Program; to comply with legal obligations; to maintain the security and legitimacy of the Loyalty Program; to enforce the Program Terms; and for other business purposes compatible with our legitimate business interests.  To learn more about how we process your personal information, please review our Privacy Statement which you acknowledge and agree to by accepting these Program Terms.

XRG will disclose Member personal information to: XRG; XRG Rewards Entities (defined below); XRG’s third-party service providers providing operating assistance to for the Loyalty Program; person(s) authorized by the Member; Participating Restaurants and their Participating Locations; fulfillment providers; email service providers; and mailing services providers that process mail for the aforementioned entities; analytics providers; legal services providers; tax services providers; and marketing companies that provide services to XRG.  By enrolling in the Loyalty Program, you consent to the collection and use of your personal information described above. Members will have the opportunity to adjust their communications and mailing preferences.

  1. ACCUMULATING POINTS

Members may accumulate points by purchasing designated qualifying food and beverage items after enrollment in Loyalty Program (each a “Qualifying Purchase”). To be considered a Qualifying Purchase: (i) the purchase must be paid using cash, a valid credit or debit card, or a valid gift card redeemable at the Participating Location; (ii) the purchase amount must total at least $1.00 (excluding sales tax, tips, donations, or fees); and (iii) the Member must present their Membership Number for in-person transactions only; (iv) the transactions may not occur for online ordering and must be purchased in-store.  The amount of a transaction designated as a Qualified Purchase may not equal the total amount of the transaction. No partial points are awarded and point accumulation rates may change at any time without notice. Members are limited to three Qualifying Purchases per twenty-four (24) hour period. Purchase of multiple menu items in a single transaction count as a single Qualifying Purchase.  The purchase of alcoholic beverages and/or gift cards (including activations and reload purchases) do not qualify as a Qualifying Purchase. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service and surcharge fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing a Qualifying Purchase. Purchases made prior to Members enrollment in the Loyalty Program will not be considered Qualifying Purchases. Points awarded for Qualifying Purchase which is subsequently cancelled or voided may be deducted or recalled by XRG in its sole discretion. It may take up to forty-eight (48) hours from the time of Qualifying Transaction or other award of Points for the Points to appear in an Account.

 

Points will not be awarded if the Member fails to present their Membership Number for in-person transactions or completes the purchase without logging into the Membership Account for online transactions. However, Members may request the retroactive award of Points for transactions not meeting the Qualified Purchase requirements described above by presenting a valid receipt to XRG by visiting https://www.xperiencerg.com/contact-us. (each a “Retroactive Request”). XRG has the sole right, but not the obligation, to retroactively award Points upon a Member request, however, no Point may be awarded for purchases made prior to Member’s enrollment in the Loyalty Program or purchases made more than thirty 30) days prior to the date of the Retroactive Request is received by XRG.  In no event will XRG retroactively award points to any Member for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.  The decision to award Points retroactively is in the sole discretion of XRG.

Points and Rewards have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity.

  1. POINTS EXPIRATION/FORFEITURE

Members must remain active in the Loyalty Program to retain Points they accumulate. If a Membership Account is terminated or is inactive for twelve (12) consecutive months, the Member Account will forfeit all accumulated Points. All Points will expire one (1) after the date the Points were earned, unless they are converted into a Reward. For example, if a Member earns 100 Points on January 10, 2022 those 100 Points will expire on January 10, 2023 if the Member does not redeem the Points for a Reward by January 10, 2023.  Members may not be provided with notice of expiration or forfeiture of Points. Members are not entitled to compensation from XRG or from any other entity if that Member’s Points expire or are forfeited for any reason. Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s Account has been deactivated. Points earned through prior loyalty programs or accounts that have been terminated will not be honored. No extensions, cash refunds, or other exchanges will be allowed for expired rewards Points.

  1. REWARDS AND REWARD EXPIRATION

When a Member accumulates enough Points for a Reward, the Member may redeem the Points for the items or opportunities listed in in the Rewards Exchange section of their Membership Account (each a “Reward Offering”). The number of Points required to redeem a particular Reward Offering will be listed next to the Reward Offering at the time of redemption.  The Reward Offerings available to Members and the number of Points required to be redeemed for Reward Offerings may change in XRG’s sole discretion and without notice. If the Reward Offering is a food or beverage item, a digital reward coupon for the item will be automatically added to the Member’s Account. The digital reward coupon associated with a valid Member Account will be required to obtain the Reward item at a Participating Location. It may take up to 48 hours from the time of redemption for a digital reward coupon to appear in the Member’s Account. Points redeemed will be deducted from the Member’s Account. XRG reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. The actual Reward may vary from the Reward Offering pictured or described.

Rewards that consist of menu items are valid at the Participating Locations in the United States that offer that menu item.  Not all menu items are available as Reward Offerings and Points may never be redeemed for alcoholic beverages or for cash or credit.

Additional terms may apply to the redemption of Points for particular Reward items or other opportunities. For example, from time-to-time XRG may offer Members opportunities to redeem points for monetary donations .  Additional terms and conditions may apply and will be provided in conjunction with such opportunities, but such opportunities will otherwise constitute a Reward that is governed by these Program Terms. Once Points are donated, the exchange cannot be reversed or undone.  Such donation of Points is not considered a charitable donation by the United States Internal Revenue Service (“IRS”), and therefore is not deductible under United States tax rules and regulations.

Points that have been redeemed, and reward coupons issued, may not refunded, returned or exchanged for additional Points, cash, or other goods and services, even if the Reward is returned or unused.  Except as otherwise provided in these Program Terms or in the terms communicated in conjunction with a particular Reward or opportunity, Rewards (including digital reward coupons) expire if not used within sixty (60) days after the date they are added to the Member’s Account. Redemption of reward coupons is subject to availability of the selected Reward item at the time of redemption.

Members can view and track their Qualifying Purchases, Points, and Rewards, and view Reward Offerings,  by logging into the Member’s Account.

  1. SPECIAL OFFERS

XRG may, from time-to-time in its sole discretion, make opportunities available to Members to earn additional Points through special offers, challenges, bonuses, promotions, or other incentives (each a “Special Offer”). The terms and conditions applicable to any Special Offer (“Special Offer Terms”) will be determined by XRG in its sole discretion and communicated to Members in conjunction with the Special Offer. Members are advised to review the Special Offer Terms carefully before participating in any Special Offer, as the Special Offer Terms may alter or amend the Member’s rights and obligations under these Program Terms.

  1. MEMBERSHIP TERMINATION/ACCOUNT TERMINATION

A Member may terminate his/her membership in the Loyalty Program and Membership Account at any time by sending written notice of cancellation to XRG at info@xperiencerg.com. All unredeemed Points and Rewards (including digital redemption coupons) will be forfeited immediately upon Account termination, either by Member or by XRG, and may not be reinstated or transferred. Points, and Rewards have no cash value and XRG will not compensate or pay cash for any forfeited or unused Points. If a Member cancels his/her Account, the Member may reapply for membership in the Loyalty Program at a later date, but no Points or Rewards previously forfeited or expired will be reinstated to the Member Account.

XRG may terminate a Member’s accumulated Points, suspend Loyalty Program benefits, or cancel a Member’s Account at any time with immediate effect and without written notice, for any or no reason and in XRG’s sole discretion, including, without limitation, if XRG believes the Member has: (i) violated or acted inconsistent with applicable laws, regulations, ordinances; (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner; (iii) breached or violated the Program Terms, the terms of use or service of any XRG website; (iv) breached or violated the rules or codes of conduct at any Participating Restaurant and/or Participating Location; (v) fraudulently claimed to have earned points; (vi) or engaged in any misconduct or wrongdoing in connection with the Loyalty Program, as determined by XRG.  Nothing contained in these Program Terms will limit XRG in the exercise of any legal or equitable rights or remedies. If XRG terminates a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any Account opened in the Member’s name and Points and Rewards earned in that Account will be forfeited upon discovery. Members enrolled in SMS messaging as part of the rewards program may opt-out at any time. Members wishing to opt-out can text STOP to the short code (694822) to unsubscribe/opt-out.

  1. LOYALTY PROGRAM TERMINATION

XRG reserves the right to suspend or terminate the Loyalty Program at any time. Members must redeem and use all Points and Rewards before expiration, or the effective date of termination, or those unused Points/Rewards shall be forfeited.

  1. MEMBERSHIP COMMUNICATION

A Member who provides their wireless telephone number(s), now or in the future, consents to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of enrollment in the Loyalty Program. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Members can adjust their communication preferences, including opting-in or opting-out of receiving marketing communications, within their Account, by clicking on the “unsubscribe” button in any commercial marketing email, or contacting XRG at https://www.xperiencerg.com/contact-us/.

When you opt-in to receiving marketing communications by providing your number or asking us to contact you via text message XRG may send you a message to confirm your signup. The frequency of the alerts varies and is dependent on your request. You may cancel at any time. Just text “STOP” in response to the message from your mobile phone number and XRG will send you a final message confirming your choice. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent or received. Texting “STOP” will only control for that specific number and for this specific service.

  1. DISPUTE RESOLUTION—ARBITRATION AGREEMENT AND CLASS ACTION WAVIER. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Program Disputes are resolved.
    • Binding Arbitration: To the fullest extent permitted by applicable law Member and XRG agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) Member may have at law or in equity against XRG, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “XRG Rewards Entities”) arising out of or relating in any way to Loyalty Program, including but not limited to Member’s accumulation or redemption of Points or any Reward, Member’s making of Qualified Purchases, or access use of Member’s Account, these Program Terms, and the scope or applicability of this agreement to arbitrate (each, a “Program Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Member understands and agrees that the requirements of this Section 12 will apply even to disputes that may have arisen before Member accepted these Program Terms. MEMBER UNDERSTANDS THAT MEMBER IS WAIVING HIS/HER RIGHT TO GO TO COURT, TO PRESENT CLAIMS TO A JURY AND TO HAVE CLAIMS RESOLVED BY A JURY TRIAL, AND ALSO THAT JUDICIAL APPEAL RIGHTS, IF ANY, ARE MORE LIMITED IN ARBITRATION THAN THEY WOULD BE IN COURT.
    • Confidentiality. Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
    • Initial Dispute Resolution Requirement. Most disputes can be resolved without resort to arbitration. For any Program Dispute, Member and XRG agree that before taking any formal action to initiate arbitration we will contact the other in an attempt to resolve the Program Dispute. Member will contact XRG at its “Notice Address”: Xperience Rewards Loyalty Program Legal Disputes, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660, and provide a brief, written description of the Program Dispute and Member’s contact information. XRG will contact Member using the Member contact information on file in Member’s Account. Member and XRG will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of Program Dispute is sent. After that sixty (60) day period and not before, Member or XRG may commence an arbitration proceeding. If Member and XRG fail to resolve a Program Dispute by informal negotiation, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
    • Artbitration. Program Disputes not resolved by informal negotiation pursuant to section 12.3, above will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this section. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be held in Denver, Colorado. The arbitrator’s decision shall be controlled by these Program Terms and any of the other agreements referenced herein that the applicable party may have entered into.
    • Applicable Law. This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. The statute of limitations laws of the State of Colorado, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration.
    • Class Action Waiver. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only the Member’s and/or the applicable XRG Rewards Entity’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
    • Awardable Damages. The arbitrator shall not have the power to award punitive damages against MEMBER or any XRG Rewards Entity;
    • Arbitration Fees and Costs. In the event that the administrative fees and deposits that must be paid to initiate arbitration against any XRG Rewards Entity exceed $125 USD, and Member is unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, XRG agrees to pay them on Member’s behalf, subject to ultimate allocation by the Arbitrator.
    • Severability. With the exception of section 12.6, above, if any part of this arbitration provision (Section 12) is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, section 12.6 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Member nor the affected XRG Rewards Entity(ies) shall be entitled to arbitrate their Program Dispute. If for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, Member may file his/her Program Dispute with any national arbitration company.

 

  1. ADDITIONAL TERMS
    • Interpretation of Terms. XRG’s interpretation of these Program Terms is at XRG’s sole discretion, and all decisions will be final. Other than as set forth in the Dispute Resolution section of these Program Terms, nothing in these Program Terms will limit from exercising any legal or equitable rights or remedies that they may have.
    • Ancillary Costs. There are no fees to enroll in the Loyalty Program. However, Members acknowledge that the use of online services in conjunction with participation in Loyalty Program may result in data charges, internet access fees or similar expenses from third parties.
    • Exit of Participating Locations. If a Participating Location exits the Loyalty Program for any reason, a Member will not earn Points for purchases at the Participating Location, and other promotions and special offers will no longer be valid after the date on which the Participating Location exited the Loyalty Program. No Rewards may be deemed at a Participating Location after the date on which the Participating Location exited the Loyalty Program.
    • No Warranties or Representations, Express or Implied. XRG makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by the Participating Locations.
    • Acts, Errors, or Omissions. XRG is not responsible for: (i) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Rewards or Member benefits; (ii) theft or unauthorized redemption of Points or Rewards; (iii) any acts or omissions of third parties (including, without limitation, Chevys Fresh Mex, El Torito Restaurants, or Acapulco Restaurants); or (iv) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Locations, Qualifying Purchases, and Loyalty Program affiliates, and errors in the crediting or debiting of Points from Member Accounts.  XRG reserves the right to correct, without notice, any errors.
    • Taxes. Points, Rewards, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points.  XRG will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Redemption Awards, promotional Awards and other Member benefits.
    • Assignability. These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
    • LIMITATION OF LIABILITY. IN NO EVENT WILL XRG, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING RESTAURANT, PARTICIPATING LOCATION, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR XRG’S OPERATION OF THE LOYALTY PROGRAM.
    • Trademarks. Chevys Fresh Mex, El Torito Restaurants, and Acapulco Restaurants are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials associated with the Participating Restaurants. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
    • Waiver. XRG’s waiver of any breach of these Program Terms by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Terms, nor shall XRG’s failure to insist upon strict compliance with these Program Terms by any Member be deemed a waiver of any rights or remedies XRG may have against that or any other Member. XRG may waive compliance with these Program Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
    • Severability. Membership in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Loyalty Program, and all benefits, including Rewards, are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence. If any competent legal authority determines any part of these Program Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these Program Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
    • Choice of Law and Venue. Without limitation to the choice of law provision in Section 12.5, any disputes arising out of or related to the Loyalty Program or these Program Terms will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. In the event Arbitration provision in Section 12 is found or deemed to be null, void, or unenforceable, the exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Terms may be filed only in the state or federal courts located in the State of Colorado.
    • Entire Agreement. The Program Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between XRG and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available to Members.