(Updated August 9, 2022)
Cheba Hut strives to ensure that the information contained on the Services is accurate and reliable. However, errors may sometimes occur. Therefore, to the fullest extent allowed by law, Cheba Hut makes no representations about the reliability of the features of the Services, the Cheba Hut Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such information will be at your own risk. Cheba Hut is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Cheba Hut, and Cheba Hut does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Cheba Hut prior to posting and Cheba Hut makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Cheba Hut makes no representations regarding the amount of time that any Cheba Hut Content or Submitted Content will be preserved.
The Services are provided on an “as-is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent allowed by law, Cheba Hut hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Cheba Hut disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall Cheba Hut or any of Cheba Hut’s 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 or inability to use the Services, even if Cheba Hut has been advised of the possibility of such damages. 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.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHEBA HUT, ITS AFFILIATES, ITS PROVIDERS, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, 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; AND/OR (2) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES AND/OR MATERIALS, PROGRAMS, AND FEATURES MADE AVAILABLE THEREIN.
CHEBA HUT PROPERTY
The Services, Sites and its contents are intended solely for personal, non-commercial use. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Cheba Hut (“Cheba Hut Content”). Unless otherwise explicitly specified, all materials that are included in or are otherwise contained on the Sites constitute the copyrights, patents, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Cheba Hut or by third parties who have licensed their materials to Cheba Hut and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Sites is the exclusive property of Cheba Hut or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved by Cheba Hut. Cheba Hut Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Cheba Hut.
YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Cheba Hut hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Cheba Hut’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Cheba Hut will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cheba Hut or others due to such unauthorized use.
COMMUNICATING WITH CHEBA HUT
Certain areas of the Services may enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Cheba Hut, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Cheba Hut and Cheba Hut is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
TEXT MESSAGING NOTICE
If you choose to participate in any Cheba Hut promotion that may involve the use of text messaging (either sending or receiving), Cheba Hut will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan.
MOBILE TEXT PROGRAM
The Cheba Hut mobile text program communicates with participants, including promotions, announcements, and general notifications regarding Cheba Hut goods and services.
You must be 13 years of age or older to participate in the Cheba Hut mobile text program. If you are between the ages of 13 and 18, you may only use the program under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By participating in the Cheba Hut mobile text program and signing up for mobile offers and text updates, you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of Cheba Hut. You also acknowledge that your agreement to receive these messages is not required as a condition of purchase.
Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Cheba Hut does not charge you for sending or receiving text messages to the short code. If you have any questions about your text plan or data plan, contact your wireless provider.
When you opt-in to the Cheba Hut mobile text program, you will receive an SMS message to confirm your signup. If you would like to be removed from the Cheba Hut mobile text program, you must text STOP to the short code (U.S.) to opt-out. This is the exclusive method for opting out. After texting STOP to the short code, you will receive one additional message confirming that your request has been processed.
Cheba Hut reserves the right to remove subscribers from our messaging database at our discretion.
Cheba Hut will not be liable for any delays in the receipt of any SMS messages or undelivered messages. Carriers are not liable for delayed or undelivered messages.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.
These terms and conditions are subject to change at any time without notice.
TERMS AND CONDITIONS FOR GIFT CARD
ONLINE AND MOBILE ORDERING
Cheba Hut may make available to you the ability to order through the Online Services from our participating locations. These Terms apply only to orders placed through the Online Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. 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. We use third party providers and may accept various third-party services to process payments. We do not store your credit card information, but we do store a secure token generated by the third-party payment provider for customer service purposes. 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. The Online Services may allow you to customize your order. You may be able to, and in some circumstances, you may be required to, use your Rewards, as defined below, account (or sign up for Rewards) in connection with certain ordering through the Online Services, in which case the Rewards terms will also apply.
ADDITIONAL TERMS AND CONDITIONS FOR REWARDS
Eligibility: In order to join Rewards, you must be an individual and at least 18 years of age. Corporations, partnerships, limited liability companies, trusts, or other legal entities are not permitted to enroll. Each Rewards member may have only one account linked to a unique email address or phone number. Employees of Cheba Hut, and its parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in Rewards.
Rewards is an endeavor to reward and thank loyal customers for patronizing participating Cheba Hut restaurants. Members of Rewards are able to accumulate points that can be redeemed for program benefits, also known as “Rewards,” at participating Cheba Hut restaurants in the U.S. Points will be not be rewarded for purchases paid for with Cheba Hut gift cards unless the purchased are made through the Mobile App. Points will not be rewarded for purchases of Cheba Hut gift cards.
To enroll in Rewards and start accumulating points, please enroll as provided below.
- Join through Facebook within the Mobile App. Download the Mobile App from either Google Play or the Apple Store on your smart phone. Click the “Sign up with Facebook” option — if you are not logged into Facebook through your smartphone, the App will prompt you to do so at that time. By joining and using the program through Facebook, you hereby release Facebook from any and all liability in connection with Rewards. You also acknowledge that the Mobile App and Rewards are not sponsored, endorsed, or administered by, or associated with, Facebook. You are providing information to Cheba Hut by joining the program, not to Facebook.
- Join through the Cheba Hut Website. visit https://chebahut.com/rewards and click the “Join Now” box.
If any information you provide Cheba Hut is not accurate or complete, we may block you from enrolling in the Rewards program, or we may cancel your account in the Rewards program. Each person may only have one Rewards account. If Cheba Hut finds that you have created multiple Rewards accounts, we may cancel any or all of your accounts. Further, we may refuse to allow you to re-enroll in the Rewards program.
Cheba Hut will use your contact information to keep in touch with you in the ways you select when you enroll. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (e.g. start having messages sent to your mobile phone number), please log onto the Mobile App or the Cheba Hut website and update your contact information or preferences.
The benefits that are available to you through Rewards are based on the number of points that you earn. You can accumulate points by providing your account number when making purchases at participating Cheba Hut restaurants. You will receive 10 points for each dollar you spend on eligible purchases (as calculated pre-sales tax).
If you accumulate at least 1000 points, a Reward in the amount of $10 will be automatically added to your account (and the corresponding 1000 points will be automatically deducted from your shopping cart account). The Rewards may be redeemed at any participating Cheba Hut restaurant. Any Reward that is added to your account must be redeemed by the expiration date stated on the Reward.
There are no membership fees associated with Rewards. Points and Rewards accumulated under the program are promotional and have no cash value.
Your points and Rewards, and your account under Rewards, are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others.
Cheba Hut reserves the right to terminate and make ineligible for the Rewards program any account that has been inactive for two consecutive years. Inactive is defined as no points earned.
Cheba Hut reserves the right to terminate, discontinue, modify or cancel the Rewards program at any time and in its sole discretion without notice to you.
Cheba Hut assumes no liability for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider / Internet / web site / use net accessibility or availability, traffic congestion, or unauthorized human intervention.
By accepting Rewards, you agree to release and hold harmless Cheba Hut and its affiliates and their respective licensees, affiliates, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the Rewards. This program is void where prohibited by law.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Cheba Hut may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Cheba Hut determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to Cheba Hut. You also agree that monetary damages would be inadequate for such harm and consent to Cheba Hut’s obtaining any injunctive or equitable relief that Cheba Hut deems necessary or appropriate. These remedies are in addition to any other remedies that Cheba Hut may have at law or in equity.
If Cheba Hut takes legal action against you as a result of your violation of these Terms, Cheba Hut 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 Cheba Hut. You agree that Cheba Hut will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Cheba Hut in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with Cheba Hut arising out of, connected to, or in any way related to these Terms, you will send a written notice to Cheba Hut (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Department, Cheba Hut Franchising, Inc. 406 N. College Avenue, Fort Collins, Colorado 80524. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Cheba Hut to litigate claims in court and you and Cheba Hut each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. You agree that you will not file any lawsuit against Cheba Hut in any state or federal court. You agree that if you do sue in state or federal court, and Cheba Hut brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Cheba Hut in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Cheba Hut. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
If you initiate arbitration against us, you will not be responsible for professional fees for the arbitrator’s services. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive as compared to the costs of litigation, Cheba Hut will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being cost-prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the AAA Rules and Procedures, the arbitration shall proceed in a location determined by the arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties.
This arbitration agreement does not preclude you from pursuing qualifying small claims in small claims court. If your claims qualify for small claims court, you may still assert your claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and Cheba Hut both retain the right to apply to any court of competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
You agree that you will not file a class action or collective action against Cheba Hut, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Cheba Hut agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Cheba Hut agrees that we will submit all disputes with you to arbitration before the Arbitrator.
The failure of Cheba Hut to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Cheba Hut to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Cheba Hut shall not be deemed a breach of this agreement. If Cheba Hut fails to act with respect to your breach or anyone else’s breach on any occasion, Cheba Hut is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- The provider of the Website and Services is: Cheba Hut Franchising, Inc., 406 N. College Avenue, Fort Collins, Colorado 80524, (970) 420-3358.
- To file a complaint regarding the Website or Services, or to receive further information regarding use of the Website or Services, please direct your email to [email protected].