Effective Date: August 7, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE LIU’S KITCHEN REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE LIU’S KITCHEN REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. Unless you opt out as described in the arbitration provision below, this provision will:

  • eliminate your right to a trial by jury; and
  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings. 

You agree that we may provide notices, disclosures and amendments to these Terms of Use, and other information relating to the Liu’s Kitchen Rewards program by electronic means, including posting such information and materials online at https://www.liuskitchen88.com.

These Terms of Use apply to your access to, and participation in, the Liu’s Kitchen Rewards program in the United States (“Liu’s Kitchen Rewards“), which is operated by Liu’s Kitchen 88 Inc. or its respective subsidiaries, licensees and affiliated companies (collectively, “Liu’s Kitchen“). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Liu’s Kitchen for other products or services. Liu’s Kitchen reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Liu’s Kitchen Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to https://www.liuskitchen88.com and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in Liu’s Kitchen Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and the policies, FAQs and guidelines pertaining to Liu’s Kitchen Rewards frequently to understand the terms and conditions that apply to your access to and participation in Liu’s Kitchen Rewards. If you do not agree to these Terms of Use, you must stop accessing and participating in Liu’s Kitchen Rewards. 

Liu’s Kitchen Rewards is intended for personal use only. Commercial use is prohibited. Liu’s Kitchen Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Liu’s Kitchen Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. 

Please read our privacy policy at https://www.liuskitchen88.com/privacy-policy carefully to understand how Liu’s Kitchen collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you. 

About Liu’s Kitchen Rewards

Liu’s Kitchen Rewards is one way in which Liu’s Kitchen endeavors to reward and thank loyal customers for patronizing our business and purchasing Liu’s Kitchen products. Liu’s Kitchen Rewards members are able to earn and accumulate “Points” that can be redeemed for Liu’s Kitchen Rewards benefits (“Rewards“) at participating Liu’s Kitchen stores and are eligible to receive certain additional benefits. Unfortunately, not all Liu’s Kitchen stores have the ability to award Points or redeem Points for Rewards at this time.

Joining Liu’s Kitchen Rewards

To be eligible to join Liu’s Kitchen Rewards in accordance with these Terms of Use, you must register a phone number in the United States or the Commonwealth of Puerto Rico at the time you join Liu’s Kitchen Rewards. 

There is one way to join Liu’s Kitchen Rewards and begin accumulating Points: 

You must register an account through our partner Square. Follow the prompts to create an account and register a phone number.

Liu’s Kitchen Account Registration

The Liu’s Kitchen Rewards registration process requires you have a phone number on your Liu’s Kitchen Rewards account.

In addition, the Liu’s Kitchen Rewards registration process may require that you provide the following information: username, password, email address, physical address, telephone number, birthday, name, and marketing preferences.

Earning Points

The Rewards that are available to you through Liu’s Kitchen Rewards are based on the number of Points that you earn. You can earn Points by making purchases with a registered phone number to your Liu’s Kitchen Rewards account at participating Liu’s Kitchen stores in the United States.

You will earn Points based on the value of your purchase at the rate of two (2) Points for each One U.S. Dollar ($1.00) you spend at participating Liu’s Kitchen stores using a registered phone number to your Liu’s Kitchen Rewards account. Note that Points may be earned in fractional amounts depending on the value of your purchase. 

Exclusions to Earning Points 

You may not earn Points in connection with certain types of beta or promotional programs. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, are excluded and ineligible for Points. 

When Points Are Added to Your Liu’s Kitchen Rewards Account

Generally, Points are automatically added to your Liu’s Kitchen Rewards account within twenty-four (24) hours of when you earned them. Note that there may be a delay in adding Points earned through receipt verification to your Liu’s Kitchen Rewards account.

If you void a purchase made with a Liu’s Kitchen registered phone number to your Liu’s Kitchen Rewards account, Liu’s Kitchen will deduct the Points that you earned for that purchase, potentially resulting in a negative Point balance on your Liu’s Kitchen Rewards account. If you return food or beverage that you purchased with a Liu’s Kitchen registered phone number to your Liu’s Kitchen Rewards account (note: an original receipt or gift receipt is required), Liu’s Kitchen will deduct any Points from your Liu’s Kitchen Rewards account.

Point Expiration

Points accrued in your Liu’s Kitchen Rewards account expire twelve (12) months after the calendar month in which such Points were earned. For example, if you earn Points on August 7, 2020, they will expire on August 30, 2020. The oldest accrued Points will be used first for redemptions. You can view and track your Point balance and available Rewards, as well as any additional benefits for which you are eligible as a Liu’s Kitchen Rewards member, on https://www.liuskitchen88.com/rewards.

Point Redemption

As a member of Liu’s Kitchen Rewards, you are eligible to redeem Points for complimentary Liu’s Kitchen items at participating Liu’s Kitchen stores in the United States. The Point redemption tiers for redeeming Points at participating Liu’s Kitchen stores in the United States are as follows: 

  • 50 Pointsmay be redeemed for one (1) of the following items: egg roll, spring roll, shrimp roll, or One and Fifty Cents U.S. Dollars discount ($1.50) off your online order.
  • 150 Pointsmay be redeemed for one (1) of the following items: steamed or fried pork or vegetable dumpling, crab rangoon, or Five Dollars discount ($5.00) off your online order.
  • 200 Pointsmay be redeemed for one (1) of the following items: large order of general tso’s spicy chicken or pork fried rice.

Liu’s Kitchen reserves the right to change the number and type of additional benefits offered to members of Liu’s Kitchen Rewards in its sole discretion at any time.

Other Important Information You Should Know 

There are no participation or membership fees associated with Liu’s Kitchen Rewards. Points accrued in connection with Liu’s Kitchen Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Liu’s Kitchen Rewards cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Points, unless otherwise expressly indicated by Liu’s Kitchen.

Your Points, Rewards, Liu’s Kitchen registered phone number to your Liu’s Kitchen Rewards account, and your Liu’s Kitchen Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Liu’s Kitchen Rewards account that is personal to you. 

Without notice to you, Liu’s Kitchen reserves the right to suspend any Liu’s Kitchen registered phone number to your Liu’s Kitchen Rewards account and/or terminate your Liu’s Kitchen Rewards account and/or your participation in Liu’s Kitchen Rewards if Liu’s Kitchen determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Liu’s Kitchen Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Liu’s Kitchen may, in its sole discretion, suspend, cancel or combine Liu’s Kitchen Rewards accounts that appear to be duplicative. In the event that your participation in Liu’s Kitchen Rewards is terminated, all accrued Points in your Liu’s Kitchen Rewards account are void. 

Without notice to you, Liu’s Kitchen also reserves the right to “unregister” and make ineligible for Liu’s Kitchen Rewards account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that Liu’s Kitchen Rewards account is unregistered or rendered inactive, all accrued Points in your Liu’s Kitchen Rewards account are void. 

Liu’s Kitchen reserves the right to change, modify, discontinue or cancel Liu’s Kitchen Rewards or any part of Liu’s Kitchen Rewards, at any time and in its sole discretion, without notice to you. 

Arbitration

Please read this “Arbitration” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Liu’s Kitchen Rewards, the Liu’s Kitchen registered phone number to your Liu’s Kitchen Rewards account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Liu’s Kitchen Rewards, or your relationship with Liu’s Kitchen or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a Liu’s Kitchen Rewards account in connection with your purchase, whichever date occurs earlier (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Liu’s Kitchen, 1953 Route 88, Brick, Nj 08724. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will not pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Liu’s Kitchen will not reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we will not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law

Any dispute arising from these Terms of Use or your access to or participation in Liu’s Kitchen Rewards will be governed by and construed and enforced in accordance with the laws of New Jersey, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Ocean County, New Jersey.

Severability

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

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