Thank you for visiting https://nativegrillandwings.com (“Native Grill & Wings Website”). The following Terms and Conditions (“Terms”) govern your access to and use of all or part of the Native Website, mobile application, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs owned or operated by Native Grill & Wings (“Native”), or any of its affiliates or related entities, where these Terms may appear (collectively “Services”)”. Your use of the Services or visiting the Native Website constitutes your agreement to follow and be bound by these Terms. If you do not agree, do not use the Services. If you use the Services or return thereafter, you agree to be bound by these Terms. Native reserves the right to change or modify these Terms from time to time in its sole discretion. The modified Terms will be effective immediately upon posting to the Native Website and you agree to be bound to the newly posted Terms and Conditions by continuing to use any Services.

USE RESTRICTIONS

Any material from or related to the Services, may not be copied, distributed, republished, modified, uploaded, incorporated posted, or transmitted in any way, without the prior written consent of Native EXCEPT: you may print, display or download one copy of the Native Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Native Website is provided for lawful purposes only. Modification or use of the materials for any other purpose violates Native’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Native. Neither title nor intellectual property rights are transferred to you through your use, but remain with Native, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The Services may contain links to other websites (“Linked Sites”) that are not under the control of Native and, therefore, Native is and shall not be responsible for any content, webcasting or any form of transmission received from any Linked Site, as well as any updates or modifications to any Linked Sites.

As a condition of your use of the Services, you warrant to Native that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair any or all the Services or interfere with any other party’s use and enjoyment of the Services.

LIABILITY RESTRICTIONS

Native will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Native will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Native or an authorized Native representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Native total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Native by or through the Services (together, the “Submission”) will forever be the property of Native. Native will not be required to treat any Submission as proprietary or confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Native operations. Without limitation, Native will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Native will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Native or to other entities that are not involved in the operation of this site. Information submitted via a number of areas in this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Native, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. No compensation will be paid with the respect to use any Submission. Native is under no obligation to post any submission.

JURISDICTION

Except as described otherwise, all materials on the Native Website are made available only to provide information about Native. Native controls and operates this site from its headquarters in Beverly Hills, California, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use any Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Native reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Native Website or use of any Services following any such change constitutes your Agreement to follow and be bound by the Terms and Conditions as may be updated or modified.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NATIVE DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NATIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT NATIVE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. NATIVE DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NATIVE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE NATIVE’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Native is not responsible if information made available on the Native Website Service is not accurate, complete or current. The material is provided for general information only and should not be released upon or used as the sole basis for making significant decision without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Native Website is at your own risk.

EMPLOYMENT

Native is an equal opportunity employer committed to a diverse workforce. Native franchisees each hire their own employees and establish their own Terms and Conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Native, its affiliated and related entities, its and their members, officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Native Website or the systems transmitting the Native Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

TERMINATION

Native or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Native sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Native, reserves the right in its sole discretion, to terminate this agreement immediately, including your access to the Services, without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

COPYRIGHT AND TRADEMARK INFORMATION

All of the material on this website is owned by Native is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Native, an affiliate, or by third parties who have licensed their materials to Native. Native is a registered trademark of Native Grill & Wings. The entire content of this website is copyrighted by Native Grill & Wings as a collective work under the copyright laws of the United States.

MISCELLANEOUS

These Terms will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Native can revise these Terms at any time by updating this posting. Native products and services are available in many parts of the United States. However, the Native’s site may describe products and services that may not be available nationwide. This site may be linked to other sites, which are not maintained by Native. Native is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Native of the sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Native and as a result of these Terms or use of the Website.

PRIVACY

Native will use the information you provide us only in the manner described in our Privacy Policy on our Native Website. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. In the event we revise or modify our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once it is published on our Native’s Website.

You are responsible for keeping the information you use to access your Program Account (i.e., username and password for your Program Account, Facebook account,) private and secure. If someone besides you learns your Program Account username/password or learns your Facebook account information, and uses your password or Facebook account to access your Program Account, then you will be responsible for any actions that individual takes related to your Program Account.

REFUND POLICY/CANCELING YOUR ORDER

For orders placed online through the website, orders can be changed and or updated until the time payment is made with a credit card.  Once the credit card information has been entered and the order has been placed, orders cannot be canceled without calling the restaurant directly.   There is no way to cancel an order placed on the website or through the mobile application.  All guests are encouraged to review their order prior to entering their credit card information into the website.  Refund requests should be directed to the restaurant where the purchase was made, as most restaurants are independently owned and operated by franchisees.

MESSAGING TERMS

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, PUSH) messages (e.g. cart reminders) from Native, 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. Msg & Data rates may apply.

Message frequency will vary. Native 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. Native 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. Native, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our terms and Privacy Terms – https://www.nativegrillandwings.com/privacy-policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

 

MOBILE APPS

 

In order to use the Online Services made available through the mobile application (the “Mobile App”), you must have a compatible mobile device; Native does not warrant that the Mobile App will be compatible with your mobile device.

 

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and each of their subsidiaries shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions against you. However, these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

 

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

CANCELLATION

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode 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 and agree that Native and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Native through any other programs you have joined until you separately unsubscribe from those programs.

HELP

Text the keyword HELP to our shortcode to return customer care contact information.

 

CUSTOMER CARE

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected].

 

CONTACT

This message program is a service of Native Grill & Wings, located at 9720 Wilshire Blvd., Suite 500, Beverly Hills, CA 90212.

Dispute Resolution

1. General. In the interest of resolving disputes between you and Native in the most expedient and cost effective manner, you and Native agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Native or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Native or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND NATIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Native to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Native will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Native. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Native intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Native Grill & Wings address for Notice is: 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Native will make good faith efforts to resolve the claim directly, but if you and Native do not reach an agreement to do so within 30 days after the Notice is received, you or Native may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Native must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Native will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Native for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Native agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Native made within 14 days of the arbitrator’s ruling on the merits.
5. No Class Actions. YOU AND NATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Native agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Native makes any future change to this arbitration provision, other than a change to Native address for Notice, you may reject the change by sending us written notice within 30 days of the change to Native address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Native.
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.