Last Updated: 10/24/2022
Effective Date: 10/24/2022
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These Terms of Use (the “Terms” or the “Agreement”) are provided by Chicken Coup, LLC and its affiliates (collectively, “Starbird”, “we”, “us”, or “our”). The Terms apply to your access to, and use of the websites (including but not limited to https://www.starbirdchicken.com/), mobile application, online services where these Terms and Conditions of Use are posted or linked to and our Reward Program (as defined below) (collectively, the “Starbird Services”). 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE STARBIRD SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE.

CONTINUED ACCESS AND USE OF THE STARBIRD SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

These Terms form a legal and binding agreement between you and Starbird. By continuing to use the Starbird Services, you agree that such use is legally sufficient consideration under these Terms.The Starbird Services are intended for use by persons aged 13 or older, and by your use of the Starbird Services you affirm that you are at least 13 years of age. If you are under the age of 18, you are only permitted to use the Starbird Services with the consent of your parents or an adult guardian. Certain Starbird Services or sections of the Starbird Services, as well as promotions, programs and commerce we may offer on the Starbird Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Starbird Services or certain sections or features of the Starbird Services, you should not attempt to do so.

The Starbird Services may allow you to register for an account (“Account”). In general, you are not obligated to register for an Account in order to access the Starbird Services. However, certain sections and features of the Starbird Services are available only to users who have registered for an Account (e.g., online ordering, tracking participation in our Loyalty Program). If you establish an account, it will be accessible upon input of an authorized email address/username and, if applicable, a designated password. We may reject, and you may not use, an email address to set up an Account for any reason in our sole discretion. For example, we may reject an Account registered under an email address that is already being used by someone else, that may be construed as impersonating another person or that belongs to another person. You may only have one active Account on the Starbird Services at any given time and you may not allow other people to use your Account to access the Starbird Services or participate in the Loyalty Program. Your Account is non-transferable to a third party.  

You understand and agree that you must accurately maintain and update any information about yourself that you have provided to us in connection with the registration of your Account. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your Account access credentials and restricting access to your computer or mobile device so others may not access the Starbird Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Account or any other breach of security that you become aware of involving or relating to the Starbird Services by contacting us as soon as possible.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

As part of the Starbird Services, Starbird offers a loyalty rewards and customer engagement program (the “Loyalty Program”) The Loyalty Program is owned and operated on our behalf by Thanx Inc. (“Thanx”), a third-party service provider and business partner of Starbird. Thanx is a third-party beneficiary of the Terms contained in this section. When you agree to these Terms, both Starbird and Thanx will have the right to enforce the Terms of this section against you, separately or jointly. In its capacity as our service provider, Thanx also collects information from users of the Service on our behalf. Please refer to the Thanx Privacy Policy located here for information on how it collects, uses and discloses information from users of the Service.  

By accessing, signing up for or using the Loyalty Program, you agree to be bound by the terms in this section. Certain Reward Opportunities (defined below) that are part of our Loyalty Program may be governed by additional terms and conditions which are incorporated herein by reference. If there is a conflict between these Terms and the terms and conditions for a particular Reward Opportunity, these Terms will apply. 

‍Loyalty Program Eligibility: In order to participate in our Loyalty Program and to be eligible to redeem Rewards (as defined below), you must:
- Be an individual person at least 18 years of age;
- Register for an Account in accordance with the terms of this Agreement;
- Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence; and
- Not be a person barred from participating in the Loyalty Program under the laws of the United States or other applicable jurisdiction. 

The Loyalty Program is subject to all applicable laws and regulations and is VOID WHERE PROHIBITED. 

‍Overview: Our Loyalty Program provides a personalized reward experience for eligible consumers and includes loyalty rewards and offers, discounts, experiences, targeted promotions and general information (“Reward Opportunities”) via email, mobile device notifications and other channels. The means by which you can earn promotional rewards offered by us may include (i) a digital “punch card” experience, whereby you purchase a specified number of qualifying products or services or participate in specified activities; (ii) opportunities to earn points that may be redeemed for rewards (“Points”); and (iii) other similar experiences where eligible spending or activity will earn you rewards (collectively, “Rewards”). . Our Loyalty Program may offer additional Opportunities to you, based on your account settings and account history. At any point in time, you can opt-out of receiving additional information regarding Reward Opportunities through your account settings within the Services or as otherwise set forth in these Terms. 

At the time we make a Reward Opportunity available to you, we may provide Reward Opportunity specific terms (“Reward Opportunity Terms”) which may include details related to (i) what actions may be required to earn Rewards; (ii) what Rewards are available to you if you complete the actions required by the Reward Opportunity; (iii) expiration details relating to either Reward Progress, or ability to redeem Rewards, as applicable; and (iv) how you can redeem your Rewards. Reward Opportunity Terms for our current Reward Opportunities may be viewable on our web or mobile interface, including where you locate your Rewards. 

‍Reward Progress: To participate in our Loyalty Program, you must (i) link one or multiple payment cards with your account (“Linked Cards”) and (ii) make eligible purchases (as described in the “Important Notes About Your Cards and Transactions” section below) with your Linked Cards to earn progress and rewards (“Qualifying Purchases”). Qualifying Purchases will help you progress toward earning rewards from us, (“Reward Progress”) and reaching the designated threshold (a “Reward Threshold”) indicated in the applicable Reward Opportunity Terms. When you reach a Reward Threshold, you will have access to the Rewards that we offer which can be redeemed automatically to your Linked Card or by showing us the reward on your next visit to one of our participating locations, as applicable. 

By participating in the Loyalty Program, you agree that your Reward Progress: 
·       Is not equivalent to cash, does not represent a claim on any cash or other property, and is not redeemable for cash; 
·       May be forfeited if you violate these Terms or any additional terms or conditions applicable to Reward Progress for a specific Reward Opportunity (e.g., if a Qualifying Action must occur within a certain timeframe), provided that any such terms will be communicated with the Reward Opportunity, as applicable; 
·       Is not transferrable to any third party; and
·       Cannot be redeemed or used other than with Starbird, including Starbird's affiliates to the extent expressly permitted. 

You are responsible for ensuring your Reward Progress earned from Qualifying Purchases are properly credited to your account. It may take up to 7 days after a Qualifying Action is made for your Reward Progress or Reward to be viewable via your account. You should email [email protected] if it has been more than 7 days and the Reward Progress has not been applied to your account. You may be asked to provide additional, supporting information, as required, to facilitate a request to update your Reward Progress. Requests received after 21 days of a Qualifying Action may not be eligible to be credited to your account. We are not responsible for investigating any Reward or Reward Progress request if you have not notified us within 21 days of the Qualifying Action. Your Rewards can also be reversed if any of the items you purchased in connection with a Qualifying Action are subsequently returned. We may also, at our discretion, delay any Reward or Reward Progress in order to validate or verify a Qualifying Action. Any attempt to earn Rewards through the purchase and return of merchandise in connection with a Qualifying Action will be considered possible grounds for termination of your account. 

Expiration: Rewards expiration will vary. You should review the Reward Opportunity Terms presented to you. Rewards will expire pursuant to the Reward Opportunity Terms or as otherwise set forth in the section of these Terms entitled Termination, Account Cancellation or Suspension. You can view and track your balance and available Rewards through your Account. 

Acknowledgements: By participating in the Loyalty Program, you acknowledge and agree to the following:  
- Your accumulation of, and the redemption of, Rewards is subject to your compliance with these Terms (including any terms and conditions provided when you are presented with a Reward Opportunity);
- We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical, printing, production, distribution or similar errors, potential fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account with notice if we determine in our sole discretion that such Rewards were improperly credited to your account;
- The Reward Opportunities, Reward Progress and Rewards are intended for personal use only. Commercial use is prohibited.
- Your use of the Starbird Services and your activities in connection with the Starbird Services must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using the Starbird Services;
- Neither Starbird nor our service providers are responsible or liable for any unredeemed, unused or lost Rewards or Reward Opportunities;
- Reward Progress and Rewards are not gift cards or gift certificates and do not constitute property, do not entitle you to a vested right or interest and have no cash value. Therefore, Points and Rewards are not redeemable for cash, transferable, salable or assignable for any reason. No cash will be exchanged for the unused portion of any member's Rewards;
- Unless otherwise expressly permitted, your redemption of Rewards in connection with the Loyalty Program cannot be combined with any other offers or discounts;
- Starbird reserves the right to change, modify, discontinue or cancel the Loyalty Program or any Reward Opportunity, at any time and in our sole discretion, without notice to you; andYou are solely responsible for use of the Starbird Services and your Rewards. 

Important Notes About Your Cards and Transactions: By registering for our Loyalty Program and linking a payment card (“Linked Card”), you agree that the payment card network (e.g., AMEX, MasterCard or Visa) on which your payment card is issued may examine transactions (including returns) on your Linked Card to identify Qualifying Purchases and share transaction data with us and Thanx as set forth in the Privacy Policy for the purposes of determining whether a transaction is a Qualifying Purchase, determining your Rewards Progress and when you have reached a Rewards Threshold, providing you with Rewards and notifying you about the status of your Qualifying Purchases, Rewards Progress, Rewards Thresholds and Rewards. 

Not all payment cards are eligible for use in connection with our Loyalty Program. For example, corporate purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are not eligible. 

In addition, not all of our locations may participate in our Loyalty Program and not all transactions with your Linked Card may be eligible for our Loyalty Program, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay, and other transactions not processed through the payment network’s own system. 

Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to count toward your Reward Progress. 

Termination, Account Cancellation or Suspension: You may terminate your participation in our Loyalty Program at any time through the settings in your Account (which will delete your Account) or by sending an email to Thanx at [email protected]. Our Loyalty Program will continue until terminated at our sole discretion. We may terminate, modify, or suspend the Loyalty Program as well as your access to and use of the Starbird Services and your Account, at our sole discretion, at any time for any reason. Reasons for such a termination, modification or suspension include without limitation (1) you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (2) we believe it is required to do so by law (for example, where the provision of the Starbird Services or Loyalty Program to you is, or becomes, unlawful); or (3) for any other reason in our discretion upon our provision of notice to you. If your account is terminated for cause pursuant to this section, you may not later re-enroll in the Starbird Services. 

Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your Account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Loyalty Program to you or access to any of your Account information. We will not be liable to you or to any third party for the suspension or termination of the Loyalty Program, your Account or your access to or use of the Starbird Services. Upon any termination, discontinuation or cancellation of the Loyalty Program, your account or your access to or use of the Starbird Services, all provisions of the terms in this Loyalty Program Section which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. 

‍Loyalty Program Limitation of Liability: IF YOU PROVE THAT STARBIRD HAS IMPROPERLY DENIED YOU ANY REWARD (“REWARD DISPUTE”) AND STARBIRD PROVIDES YOU WITH SUCH REWARD OR A COMPARABLE SUBSTITUTE, THEN SUCH REWARD BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE REWARD DISPUTE.

‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARBIRD OR OUR SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE LOYALTY PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARBIRD AND OUR SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification: You agree to indemnify, defend and hold Starbird, its licensors, its current or future affiliated companies, its service providers (including payment card networks, payment processors) and Thanx, its licensors, and any of its current or future affiliated companies and its service providers (including payment card networks and payment processors) and each of their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (1) any violation or breach of this Loyalty Program section by you, (2) any activity related to access to or use of your Account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities and participation in the Loyalty Program. 

Release: You hereby release us, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including AXP and any other payment card networks and Thanx) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes or your use of the Loyalty Program through the Starbird Services. As used herein “AXP” means American Express Travel Related Services Company, Inc. AXP provides certain AXP crediting services to Thanx and AXP is a third party beneficiary of the foregoing release. 

‍Role of Thanx: Descriptions of the offers advertised on the Starbird Services are provided by Starbird or other referenced third parties. While we partner with Thanx to enable us to deliver the Loyalty Program to you, Thanx does not provide any Reward Opportunities or Rewards to you, and all Rewards are provided by and redeemable only with Starbird. Thanx is not responsible for the Rewards or the terms under which Rewards are made available. For avoidance of doubt, Thanx is not responsible for any claims associated with the description of the Reward Opportunities, communications to you about Reward Opportunities or the Loyalty Program, Rewards or products or services offered by Starbird (collectively “Starbird Offerings”). Pricing relating to certain Starbird Offerings and other available programs on the Starbird Services may change at any time in Starbird's sole discretion without notice. 

The Starbird Services may feature the ability to place an order for pickup, delivery or catering through a Starbird restaurant (“Orders”). The following terms apply to Orders. 

‍Pricing or Other Information Errors:  Although Starbird strives at all times to maintain the accuracy of information maintained on the Starbird Services, including pricing information and product details, occasionally pricing or other information errors may occur. In the event that any Starbird product that is available through the Starbird Services is mistakenly listed at an incorrect price or with other incorrect information, Starbird reserves the right to refuse or cancel the order. In addition to the right to refuse or cancel the order, if order was placed through the Starbird Services for pickup or catering at a Starbird restaurant, Starbird reserves the right to charge you the correct price when you come to pick up your order.Payment and Billing: You acknowledge and agree that for each order you place through the Starbird Services, the full cost of products you order (for which prices are subject to change without notice) will be assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for Starbird to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products. Starbird will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Starbird Services.

‍Taxes: If we are legally required to collect sales tax on products in your Order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us at [email protected] for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

‍Abandoned Orders: If you place an order for pickup at or catering by a Starbird restaurant through the Starbird Services and fail to pick your order up, Starbird reserves the right to charge you the amount due including by charging your credit card, if applicable. 

‍Promo Codes and Discounts: You may be able to view, access or redeem promo codes, discounts, coupon codes and offers through the Starbird Services which provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. You may have no right to discounts, coupons or offers that are expired or discontinued even if they remain visible on the Starbird Services.

Third Party Ordering and Delivery Partners: Some Orders may be placed with or fulfilled by our third party ordering and delivery partners (e.g., DoorDash^®). If you place an Order with a third party delivery partner, you understand that you are leaving the Starbird Services to do so and will be subject to the terms and conditions and privacy policy published by such third party ordering and delivery partner. For more information about third parties, see the Third Party Content and Links section below. 

We may provide access to WiFi connections or similar network connections to you (“WiFi”). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. 

Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

‍WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY OR SECURITY OF WIFI.

BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. 

‍You may be able to sign up to a text message marketing campaign from the Starbird Services or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs send automated reoccurring texts. Neither Starbird nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, contact us. Our Privacy Policy applies to text message marketing programs.  

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