OVERVIEW

Last Modified: March 31, 2024

Welcome to the Chubby Group’s Terms & Conditions of Use (“Terms”). These Terms are a legal agreement between you and Chubby Cattle International, Inc. (“CCI”, “we”, “us”, or “our”) that govern your use of our websites, applications, platforms, and any other services provided by us (collectively, the “Services”). This includes, but is not limited to, ChubbyClub.com and any websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).

By engaging with any part of the Services, you agree to these Terms, which include all terms, conditions, policies, and notices mentioned herein, along with any specific provisions applicable to certain parts of the Services. These Terms incorporate by reference our Privacy Policy which covers how we handle information submitted through the Services. Your use of the Services must comply with all applicable laws and regulations, including those related to copyright, trademark, and other intellectual property rights.

The Services offer insights into properties and offerings managed, franchised, owned, or licensed by CCI, alongside information about third-party relationships that are part of the Chubby Club loyalty program. Depending on your location, the Services may provide personalized content, including local CCI locations, special offers, and promotional suggestions. The use of certain functionalities within the Services may require cookies and related technologies as described in our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, USING, OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES THROUGH THE SERVICES. BY ACCESSING THE SERVICES, DOWNLOADING, OR USING ANY APPLICATION PROVIDED BY CCI, YOU ACCEPT THESE TERMS FULLY AND WITHOUT RESERVATION.

SECTION 1 – GENERAL CONDITIONS

1.1 You may use the Services only if you agree to form a binding contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

1.2 Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through the Service. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Services or in connection with your use of the Service.

1.3 You agree by using this Service that you are responsible for using the most current version made available by CCI and that CCI is not responsible for any issues arising due to your use of anything other than the most current version of this Service. A breach or violation of these Terms will result in an immediate termination, without notice to you, of your accounts and rights to use the Services.

1.4 We reserve the right to refuse Service to anyone for any reason at any time.

SECTION 2 – CHANGES TO TERMS & SERVICE

2.1 We reserve the right to change, update, cancel or correct any of the Terms & Conditions or any information contained in the Service at any time without notice other than by posting amended terms to the Services. Any new features or tools which are added to the current Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Your continued use of the Services means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Service immediately.

2.2 We expressly reserve the right to make any changes that we deem appropriate from time to time to the Service or to any information, including but not limited to Chubby Club membership tiering structure and requirements, text, data, databases, graphics, images, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Service.

SECTION 3 – ACCOUNTS, PASSWORDS, & RESPONSIBILITY

3.1 You shall be responsible for ensuring the accuracy of any of the information you submit to CCI at all times and all information provided must be provided in good faith. Such information must be true and accurate in all material respects and not misleading as of the date such information is given and CCI reserves its right to substantiate the legitimacy and/or request supporting documentation and/or information to verify the information you have provided to us is correct at any time. You may not share your account information at any time and shall remain responsible for any and all activity that occurs through your account.

3.2 You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Service by you and/or by anyone using your account information.

3.3 You acknowledge that CCI may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide CCI with your account information or your Chubby Club credentials or if you have established a link with such devices.

3.4 As part of our Service offerings provided by CCI, we have created non-fungible tokens (NFTs). The NFT is available on selected NFT marketplaces and subject to the terms and conditions available here: link.

3.5 CCI reserves the right to terminate your account under the terms herein and prohibit your access to the Services or to edit, remove, or close any submission for any reason, including, without limitation, any action that CCI, in its sole and absolute discretion, determines to be inappropriate or disruptive to the Services or to any user.

SECTION 4 – ERRORS, INACCURACIES, AND OMISSIONS

4.1 The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Service, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. CCI and CCI concepts assume no responsibility or liability for such errors, inaccuracies, or omissions. To the extent permitted by the applicable law, CCI and CCI concepts shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions and/or make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

4.2 We undertake no obligation to update, amend, or clarify information in the Services or on any related website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 5 – OPTIONAL TOOLS

5.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

5.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 6 – THIRD-PARTY LINKS

6.1 Certain content and Services may include materials from third parties.

6.2 Third-party links on this Service may direct you to third-party websites that are not affiliated with us, and we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites or for any other materials, products, or Services of third parties.

6.3 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the policies and practices of any such third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 7 – PERSONAL DATA

7.1 In order for us to provide the Services, we may process, transfer and store information about you in the United States of America and other countries, where you may not have the same rights and protections as you do under local laws. All information we collect is subject to our Privacy Policy.

7.2 By using our Services, you agree that we can collect, store, and utilize your data for marketing purposes, in accordance with our Privacy Policy. This may include sending you promotional materials and offers tailored to your interests. We are committed to protecting your privacy and ensuring your data is used responsibly.

SECTION 8 – RESERVATIONS

You may only make reservations for yourself and your invited guests or for an individual whom you are authorized in advance to act on behalf of. In the event of a change in the number, age, or other details of guests you provide when making a reservation, you may be responsible for additional charges. You may not use the reservation service for any purposes other than dining, including but not limited to reselling tables, reservations or other benefits, posting, marketing, advertising, or distributing reservations or availability on third-party websites, making false, fraudulent, or speculative reservations, reserving tables in anticipation of demand, or attempting to circumvent restaurant practices, policies, terms, or conditions. The reservation service is not to be used for any commercial activity (unless specifically permitted by the restaurant) or any unlawful activity. Reservations made, sold, or transferred in violation of these Terms & Conditions may be canceled without advance notice at the restaurant’s or CCI’s sole discretion.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Services or any content thereof, (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

10.1 We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

10.2 We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

10.3 You agree that from time to time we may remove the Services for indefinite periods of time, or cancel the Services at any time, without notice to you.

10.4 You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services delivered to you are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10.5 In no case shall CCI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In such states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall instead be limited to the maximum extent permitted by law.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless CCI and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – TERMINATION

13.1 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Services. However, the obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.

13.2 If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate them at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or may deny you access to our Services (or any part thereof).

SECTION 14 – ENTIRE AGREEMENT

14.1 These Terms and any other policies or operating rules posted by us on this Service or with respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

14.2 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 15 – GOVERNING LAW & DISPUTE RESOLUTION

15.1 These terms and conditions shall be governed and construed in accordance with the laws of the State of Delaware for the time being in force.

15.2 All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these terms and conditions shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to binding arbitration as described below.

15.3 ALL DISPUTES WILL BE RESOLVED THROUGH ARBITRATION, INCLUDING ANY DISPUTES ARISING FROM THIS AGREEMENT, THE PLATFORM, OR THE SERVICES, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING NEVADA LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN LAS VEGAS, NEVADA. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS BOTH PARTIES AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.

SECTION 16 – INTELLECTUAL PROPERTY

Our Services contain our service marks and trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use such service marks and trademarks without the prior written permission of the corresponding service mark and/or trademark owner. Our Services are also protected under international copyright laws, and the copying, redistribution, use, or publication by you of any portion of our Services is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Services.

SECTION 17 – CONTACT INFORMATION

If you have questions about these Terms or would like to contact us about it, you may do so by contacting us at: hi@chubbygroup.com