Terms of Use

ACCEPTANCE OF TERMS OF USE

These terms of use are a legal and binding agreement between you and YOSHINOYA AMERICA, INC. (“Yoshinoya America”, “Yoshinoya”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, (“Terms of Use”) govern your access to and use of the App, the Rewards Program (as defined below), and the Messaging Services Program, including any content, functionality, and services offered through this App, whether as a guest or a registered user, as well as to our purchase or order of any products through the App, Rewards Program, or Messaging Services Program. These Terms of Use govern your use of the App, Rewards Program, and Messaging Services Program which includes its content, information, services, and features.

Read these Terms of Use carefully before you start to use the App or Rewards Program. By using the App, Rewards Program, or Messaging Service Program, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.yoshinoyaamerica.com/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms of Use, you must uninstall the App, not particate in the Rewards Program, and unsubsubscribe from the Messsages Services Program.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

The App, Rewards Program, and Message Services Program are offered and available to users who are 16 years of age or older and reside in the United States or any of its territories. By using the App, Rewards Program, or Messaging Services Program, you represent and warrant that you are of legal age to form a binding contract with Yoshinoya America and meet all of the foregoing eligibility requirements. If you are between 16 and 18 years old, you may not use our App, Rewards Program, or Messaging Services Program unless your parent or legal guardian agrees to be bound by these Terms of Use and authorizes your activities. If you are under 16 years old, you may not use our App, Rewards Program, or Messaging Services Program. If you do not meet all these requirements, you must uninstall the App, not participate in the Rewards Program, and unsubscribe from the Messaging Services Program.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use or any other policies related to the use of the App, Rewards Program, or Messaging Services Program in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App, Rewards Program, or Messaging Services Program thereafter. However, any changes to the dispute resolution provisions set forth in the “Arbitration” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted in the App.

Your continued use of the App, participation in the Rewards Program, or use of the Messaging Services Program following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page every time you access the App or participate in the Rewards Program or Messaging Services Program so that you are aware of any changes, as they are binding on you.

YOSHINOYA APP

Accessing the App and Account Security: We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in our sole discretion without notice. You agree that we cannot be held liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. We also reserve the right to impose limits on certain features and services.

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. It is a condition of your use of the App that 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 also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. 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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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 may not be exchanged for cash. 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 (i.e., a natural person). No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.

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; or
Create an account through the mobile app (available at 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 and exclusive to you. It may not be sold, transferred or assigned to, or shared with family, friends, or others. You may have only one (1) authorized 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 (separate opt-in required), and/or any other ways you may have selected when you enrolled in the Rewards Program or subsequently opted in to receive text messages. 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 qualifying 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 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 them for a variety of rewards, including, but not limited to: “Any Dessert/Drink, Any Appetizer, Any Regular Bowl & Any Large or Regular 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 has the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine that you have violated these Terms of Use or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. We have 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. You may not redeem any Rewards or use any credits after the end date.

MESSAGING SERVICES PROGRAM

Eligibility and Registration: YYou must be at least 16 years of age at the time of enrollment to participate in the Yoshinoya Messaging Services Program. To register, you must provide first name, last name, email, and a valid mobile phone number. The Messaging Services Program allows only one person to use a mobile telephone number. You agree to provide accurate registration data and to update your registration data as necessary to keep it accurate. Your registration data will be used in accordance with Yoshinoya America’s Privacy Policy.

Using the Messaging Services Program: You agree to receive recurring automated promotional and personalized marketing texts (“SMS” or “MMS”) messages (e.g. cart reminders) from Yoshinoya America, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Please check any policy or contract which controls your message and data rates as you are solely responsible for such fees and costs.

You are responsible for the following:

Making all arrangements necessary for you to have access to the Messaging Services Program.
Ensuring that all persons who access the Messaging Services Program through your mobile device or any other electronic device are aware of these Terms of Use and comply with them.
Paying all fees and costs arising from receiving SMS or MMS messages from use of the Messaging Services Program.

Message frequency will vary. Yoshinoya America reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Yoshinoya America also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Yoshinoya America, its service providers, and the mobile carriers ssupported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA. Minor carriers: Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley, Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South), Virgin Mobile, Boost Mobile, United States Cellular Corp

We have the right to unsubscribe any subscriber at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Terminating Participation in the Messaging Services Programs: To terminate your participation in the Messaging Services Program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 78310. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 78310, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands. If you do not receive an additional message confirming that your request has been processed, you will contact us customerservice@yoshinoyaamerica.com to inform us and obtain additional guidance.

Your participation in the Messaging Services Program may be discontinued by us in connection with unauthorized or fraudulent use of Messaging Services Program or violation of these program terms. Yoshinoya America reserves the right to seek all remedies available at law and in equity for violations of any of the program terms, including suspending or blocking your access to Messaging Services Program.

Priviliges and Offers: Your use or operation of the Messaging Services Program may allow you to receive certain offers or privileges, which may not be identified to you in advance. Purchases at participating Yoshinoya America locations (which may or may not include franchisees) may be required to redeem offers. Check with your Yoshinoya America location to identify participating locations. Offers may be issued by Yoshinoya America on a periodic basis. Number, type, and frequency of offers are based upon a number of factors, including without limitation, volume and type of purchases at participating the Yoshinoya America, member usage, type and amount of personal information provided, and type and amount of participation in and/or interaction with other Programs and/or applications. You are not obligated to accept or utilize any offers. Yoshinoya America reserves the right to terminate or change the Program, including these program terms, and/or terms of the offers, at any time without notice.

INTELLECTUAL PROPERTY RIGHTS

The App, the Rewards Program, and the Messaging Services Program, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Yoshinoya America, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App, the Rewards Program, and the Messaging Services Program for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, the Rewards Program, or the Messaging Services Program, except if permitted to do so by these Terms of Use.

You must not:

Modify copies of any materials from the App, the Rewards Program, or the Messaging Services Program.
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the App, the Rewards Program, or the Messaging Services Program or any services or materials available through the App, the Rewards Program, or the Messaging Services Program.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App, the Rewards Program, or the Messaging Services Program in breach of the Terms of Use, your right to use the App, the Rewards Program, and the Messaging Services Program will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App, the Rewards Program, or the Messaging Services Program or any content on them is transferred to you, and all rights not expressly granted are reserved by Yoshinoya America. Any use of the App, the Rewards Program, or the Messaging Services Program not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

NO LICENSE

You may use the App, the Rewards Program, or the Messaging Services Program only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App, the Rewards Program, or the Messaging Services Program:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the content standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Yoshinoya America, a Yoshinoya America employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, the Rewards Program, or the Messaging Services Program, or which, as determined by us, may harm Yoshinoya America or users of the App, the Rewards Program, or the Messaging Services Program or expose them to liability.

Additionally, you agree not to:

Use the App, the Rewards Program, or the Messaging Services Program in any manner that could disable, overburden, damage, or impair them or interfere with any other party's use of the App, the Rewards Program, or the Messaging Services Program, including their ability to engage in real time activities through the App.
Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App, the Rewards Program, or the Messaging Services Program or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the App, the Rewards Program, or the Messaging Services Program.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the Rewards Program, or the Messaging Services Program.
Otherwise attempt to interfere with the proper working of the App, the Rewards Program, or the Messaging Services Program.

LINKS FROM THE APP OR MESSAGING SERVICES PROGRAM

If the App or Messaging Services Program contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App or Messaging Services Program, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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 of Use, 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 of Use 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 of Use and/or applicable law.

Yoshinoya requests that Users not use the App, access the Rewards and/or Messaging Services Programs while driving.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Yoshinoya America, its parent, subsidiary, and other affiliated companies, contractors, licensors, service providers, and consultants, and their respective employees, contractors, licensors, agents, officers, directors, suppliers, successors, and assigns (“Yoshinoya America Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, judgments, awards, losses, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) (“Claims”) that arise from or relate to your violation of these Terms of Use or your use or misuse of the App, Rewards Program, or Messaging Services Program, including, but not limited to, your contributions, any use of our content, services, or products other than expressly authorized in these Terms of Use, or your use of any information obtained from the App, Rewards Program, or Messaging Services Program. 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 you, in which event you will cooperate in asserting any available defenses.

DISCLAIMER OF WARRANTIES

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE EQUIPMENT, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, REWARDS PROGRAM, MESSAGING SERVICES PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE APP, REWARDS PROGRAM, AND MESSAGING SERVICES PROGRAM, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE APP, REWARDS PROGRAM, MESSAGING SERVICES PROGRAM, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YOSHINOYA AMERICA NOR ANY PERSON ASSOCIATED WITH YOSHINOYA AMERICA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER YOSHINOYA AMERICA NOR ANYONE ASSOCIATED WITH THE YOSHINOYA AMERICA REPRESENTS OR WARRANTS THAT THE APP, REWARDS PROGRAM, MESSAGING SERVICES PROGRAM, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOSHINOYA AMERICA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL YOSHINOYA AMERICA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, (D) YOUR INABILITY TO USE THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, (G) UNAUTHORIZED ACCESS TO THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM, OR (I) ANY OTHER MATTER RELATING TO THE APP, REWARDS PROGRAM, OR MESSAGING SERVICES PROGRAM.

ELECTRONIC COMMUNICATIONS

If you sign up for a Yoshinoya Rewards account using the App, you will be, by default, opted in to receive promotional email communications from Yoshinoya America (“Email Communications”). You may, at the time of sign up, opt out of receiving Email Communications, or opt out later by adjusting your profile settings.

Similarly, upon download of the App, you are provided the option to opt in to receive push notifications from Yoshinoya America on your mobile device. This may include promotional communications, offers, and system messages pushed to the mobile device or within the App mailbox (“Push Notifications”). You 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 mobile device’s settings application under “Notifications” to completely opt out of Push Notifications. Opting out of Push Notifications will not affect your settings with respect to Email Communications.

Likewise, you are provided the option to opt-in to receive text messages from Yoshinoya America on your mobile device when downloading the App or can opt in at any time by texting START to 78310. You 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 STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a text.

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

When you use the 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 of Use.

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

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or through the App, Rewards Program, or Messaging Services Program) using or related to the App, Rewards Program, or Messaging Services Program, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

Subject to the arbitration agreement stated below in these Terms of Use, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or a court of the State of California located in Los Angeles County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

In the event that our customer service team is unable to resolve your concern, by using our App, Rewards Program, and/or Messaging Services Program, you unconditionally agree that all claims relating to your access or use of our App, Rewards Program, and/or Messaging Services Program will be resolved entirely through binding individual arbitration rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, 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 of Use as a court would.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Yoshinoya America, Inc., Attn: Chief Executive Officer, 991 Knox Street, Torrance, CA 90502. You agree that the arbitration will be conducted by American Arbitration Association (“AAA”), adr.org, 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR YOSHINOYA AMERICA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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 the App, Rewars Program, and Messaging Services Program, to understand Yoshinoya America’s privacy practices. By downloading, installing, accessing, using, enrolling in, or subscribing to the App, Rewards Program, or Messaging Services Program, 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, Rewards Program, and Messaging Services Program is Yoshinoya America, Inc., 991 Knox St., Torrance, CA 90502, (800) 756-8017.
Yoshinoya America does not charge you for using the App, Rewards Program, or Messaging Services Program. However, message and data rates may appy to any if you use your mobile device.
To file a complaint regarding the App, Rewards Program, or Messaging Services Provider or to receive further information regarding use of the App, Rewards Program, or messaging Services Provider, send a letter to the above address or contact Yoshinoya America 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.

ASSIGNMENT

All or any of Yoshinoya America’s rights and obligations hereunder may be assigned to a subsequent owner or operator of the App, Rewards Program, or Messaging Services Provider in a merger, acquisition, or sale of all or substantially all of Yoshinoya America’s assets.

WAIVER AND SEVERABILITY

No waiver of by Yoshinoya America of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Yoshinoya America to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Yoshinoya America, Inc. with respect to the Messaging Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Messaging Services.

YOUR QUESTIONS

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