TERMS OF USE:
(Updated August 9, 2022)
Welcome to the website and/or mobile app (the “Website”) of Cheba Hut Franchising, Inc. (“Cheba Hut”). PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE, CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY CHEBA HUT FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND CHEBA HUT GOVERNING THE USE OF THE WEBSITES (EACH, A “SITE” OR “WEBSITE”), MOBILE APPLICATIONS, THE MOBILE TEXT PROGRAM, THIRD PARTY MESSAGING PLATFORMS, AND ONLINE SERVICES OR PROGRAMS (COLLECTIVELY, THE “SERVICES”) OPERATED BY OR ON BEHALF OF CHEBA HUT AND ON WHICH THESE TERMS APPEAR. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.
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.
INDEMNIFICATION
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.
WEBSITE ACCESS
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
The Services may give you the ability to contact Cheba Hut by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Cheba Hut’s products or to register for sweepstakes or contests. All communications are subject to the terms in this Terms of Use and our Privacy Policy.
USER-SUBMITTED CONTENT
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.
ONLINE PURCHASES
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by Cheba Hut. Your information will be collected and used in accordance with Cheba Hut’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. In certain instances, Cheba Hut may charge a user fee, subscription fee, or other fee. In such instances where a fee may be charged, Cheba Hut will notify you of the fee prior to your incursion of charges. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to Cheba Hut that you are capable of entering into a contract under the applicable law.
LINKS
The Services may link to sites not maintained by or related to Cheba Hut. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Cheba Hut. Cheba Hut has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at your own risk. These linked sites are not under our control and Cheba Hut explicitly disclaims any responsibility for the accuracy, content, or availability of the information, products, and/or services found on or through such third-party sites. Furthermore, Cheba Hut does not implicitly endorse third-party sites hyperlinked to or from this Website. You should review the terms and conditions and privacy policy posted on any third-party site you visit before using the site or providing any personal information about yourself.
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.
If you have any questions regarding privacy, please read our Privacy Policy.
These terms and conditions are subject to change at any time without notice.
TERMS AND CONDITIONS FOR GIFT CARD
Cheba Hut gift cards may only be used for making purchases at participating Cheba Hut restaurants in the U.S. Gift cards have no value until purchased and activated. The value of a card will not be replaced if the card is damaged, lost, or stolen. Purchases are deducted from gift card balance. Any unused balance will remain associated with gift card for future use. If purchase exceeds gift card balance, 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. Cheba Hut reserves the right to void a gift card 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 of Use. Cheba Hut reserves the right to adjust gift card balances if we believe a clerical, billing, or accounting error occurred. Cheba Hut gift cards do not expire. No fees apply to gift cards. You may check the balance of a gift card at a participating Cheba Hut restaurant or on our Website When you purchase, receive or apply a Gift Card to a purchase, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern any dispute that may arise between you and Cheba Hut related to your use of a 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
These Terms of Use apply to your access to, and participation in, the Rewards program that is offered by Cheba Hut in the United States (“Rewards”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Cheba Hut or its affiliates for products, services or otherwise. Cheba Hut reserves the right to change, modify and/or eliminate Rewards and/or these Terms of Use or any policy, FAQ, or guideline pertaining to Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in Rewards confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies frequently to make sure you are aware of the most current terms and conditions that apply to Rewards. If you do not agree to the Terms of Use, you must stop participating in 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.
- Joining through the Mobile Application (“Mobile App”). Download the Mobile App from either Google Play or the Apple Store and create an account by submitting your name, phone number, email address, date of birth and password. The Mobile App is subject to these Terms of Use.
- 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 reserves the right to terminate any account and/or participation in the Rewards program, other Cheba Hut programs, or the Services if it is determined the account has violated the following Terms of Use. This includes but is not limited to excessive scanning of receipts and attempted scanning of redeemed receipts. Cheba Hut may suspend, cancel, or combine accounts appearing to be duplicative and may refuse to allow any re-enrollment in Rewards, any other program, or the Services.
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.
PRIVACY POLICY
All information you voluntarily submit to Cheba Hut or that is collected through your use of the Sites or Services is governed by the terms of our Privacy Policy. We strongly suggest you review the terms listed in our Privacy Policy, which you may access here: https://chebahut.com/privacy-policy/
MODIFICATIONS OF THESE TERMS OF USE
We reserve the right to change, modify, amend, and/or update these Terms of Use at any time with or without prior notice. Your use of the Services following any such changes, modifications, amendments, and/or updates, and/or, where applicable, your affirmative consent when prompted, constitutes your unconditional agreement to follow and be bound by these Terms of Use as so changed, modified, amended, and/or updated. You are responsible for reviewing these Terms of Use each time you use or access any Services, and at any time you are prompted to do so. If we make changes, we will notify you by revising the date at the top of these Terms of Use and, in some cases, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email notification.
MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and Cheba Hut and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Cheba Hut with respect to the Services. Both you and Cheba Hut acknowledge and agree that no partnership is formed and neither you nor Cheba Hut has the power or the authority to obligate or bind the other.
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 marketing@chebahut.com.