Terms and Conditions
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING DISPUTE
RESOLUTION AND ARBITRATION PROVISION INCLUDING CLASS ACTION WAIVER. PLEASE
READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE
BINDING DISPUTE RESOLUTION AND ARBITRATION; CLASS WAIVER SECTION BELOW. YOU
MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS APP
AND PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS
DESCRIBED HEREIN AND ALL TERMS & CONDITIONS INCORPORATED BY REFERENCE. IF YOU
DO NOT AGREE TO ALL OF THESE TERMS & CONDITIONS, DO NOT PARTICIPATE IN THIS
These Terms & Conditions and the
Moe's Terms and Conditions (collectively, the “Terms and
Conditions”) apply to your access to, and participation in, the Moe’s Rewards
Program which is operated by Moe’s Franchisor SPV LLC, or its parent
companies, subsidiaries, licensees and affiliated companies (collectively,
“Moe’s”) in the fifty (50) United States of America (“Moe’s Rewards Program”).
These Terms & Conditions do not alter in any way the terms or conditions of
any other agreement you may have with Moe’s for products, services or
otherwise. Moe’s reserves the right to change, modify and/or eliminate Moe’s
Rewards Program and/or these Terms & Conditions or any policy, FAQ, or
guideline pertaining to Moe’s Rewards Program at any time and in its sole
discretion. Any changes or modifications will be effective immediately upon
posting the revisions to
www.moes.com/rewards/terms , and you waive any
right you may have to receive specific notice of such changes or
modifications. In addition, your sole and exclusive remedy if you do not agree
to any such modifications is to withdraw from the Moe’s Rewards Program. Your
continued use of the App or participation in the Moe’s Rewards Program after
any modification confirms your acceptance to the modifications.
Your participation in the Moe’s Rewards Program confirms your acceptance of
these Terms & Conditions and any such changes or modifications; therefore, you
should review these Terms & Conditions and applicable policies frequently to
understand the terms and conditions that apply to the Moe’s Rewards Program.
If you do not agree to the Terms & Conditions, you must stop participating in
the Moe’s Rewards Program. This Program is void where prohibited or restricted
by law. You may enroll in the Moe’s Rewards Program if you: (1) are a legal
resident of the United States; (2) are at least 13 years of age at the time
you enroll; (3) have an active, valid e-mail address; and (4) are a human
being. No corporations, partnerships, limited liability companies, or other
legal entities can participate in the Moe’s Rewards Program. This Program is
not targeted toward, nor intended for use by, anyone under the age of 13.
understand how Moe’s collects, uses and discloses information about customers.
Any personal information that you provide in connection with the Moe’s Rewards
Program will be collected, used and disclosed in accordance with that Privacy
website. While we are committed to taking appropriate measures designed to
keep your personal information secure, you are responsible for keeping the
login information you use to access your Moe’s Rewards Program Account private
and secure. Your participation in the Moe’s Rewards Program confirms your
Moe’s Rewards Program is a program Moe’s uses to reward and thank loyal guests
for visiting Moe’s locations and purchasing Moe’s products. Members of Moe’s
Rewards Program are able to earn and accumulate points that can be redeemed
for program benefits at participating Moe’s locations in the United States.
To enroll in the Moe’s Rewards Program, download the Moe's App (the “App”) on
the Google Play or Apple Store or online at www.moes.com/rewards (the
"Website") and follow the steps below to create an account (“Account”). You
will also have the option of joining the Moe’s Rewards Program through
Facebook on the App. If you do not have a smartphone, you can enroll on the
Website by following the steps below. Enrolling in the Moe’s Rewards Program
Joining through the App:
Download the App from either Google Play or Apple Store by searching “Moe
Rewards” or “Moe’s” on your smartphone.
Sign in with your name, email address, phone number, date of birth and
- Start earning rewards right away!
Joining through Facebook within the App:
Download the App from either Google Play or Apple Store by searching “Moe
Rewards” or “Moe’s” on your smartphone.
Click the “Sign up with Facebook”, if you not logged into Facebook through
your smartphone currently, it will prompt you to do that at that time.
- Earn 50 free points for signing up with your Facebook account*.
- Start earning rewards right away!
*This is a one-time offer, only available upon initial registration for the
By joining and using the Moe’s Rewards Program through Facebook, you hereby
release Facebook from any and all liability in connection with the Moe’s
Rewards Program. You also acknowledge that the Moe’s Rewards Program is in no
way sponsored, endorsed or administered by, or associated with, Facebook. You
are providing information to Moe’s by joining the Moe’s Rewards Program, not
Joining through the Website:
- Go to www.moes.com/rewards
Sign in with your name, email address, smartphone number, zip code, date of
birth and password.
As a part of the Moe’s Rewards Program, Moe’s 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, and/or
any other ways you may have selected when you enrolled in the Moe’s Rewards
Program. 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 Moe’s Rewards Program account and update your contact information or
You may cancel your Moe’s Rewards Program Account at any time by following
Canceling Your Account through the App:
- Log into your Account from your smartphone.
- Send an email from the “Need Help?” section under settings.
- Type “Please Cancel my Account” in the subject line and hit “Send”.
- Your Program Account will be automatically canceled.
Canceling Your Account through an Account Transaction Email:
Canceling your Account through the Click “Cancel Moe Rewards Membership”
link at the bottom of the email.
- Follow the steps provided.
As soon as you cancel your Moe’s Rewards Program Account, Moe’s will
de-activate your Account and you will forfeit all Rewards, points, and other
benefits of being a Moe’s Rewards Program member that you may have earned.
rewards and benefits
The benefits that are available to you through Moe’s Rewards Program are based
on the number of "Points" that you earn. Members earn points when making
purchases for dine-in, carry-out or online orders (excluding the purchase of
gift cards, alcohol and catering) at participating Moe’s locations only. To
receive points for a qualified purchase, scan the bar code on the receipt from
your purchase with the built in scanner in the App or scan your smartphone at
the time of purchase with the scanner at the check-out counter. Points will
automatically be credited to your account for any qualifying online purchase.
After this verification, the points to which you are entitled will be applied
to your Program Account. You can track the points and Rewards you have already
earned and that you may earn in the future by logging into your Program
Account through the App. You will receive one (1) "Point" for each U.S. dollar
spent, except during limited time promotions when Moe’s may offer "Bonus
Points" on featured products and/or services. No partial Points will be earned
for purchase amounts less than one (1) U.S. dollar, with $0.51 minimum
check-in amount. When you earn 100 points, you will receive a $10 credit.
Earning Points towards Rewards: Social Media Sharing & Referral Bonuses
Members can also receive 10 extra points for every friend they refer who joins
the Moe’s Rewards Program and starts earning points. Referred friends earn 5
points when they sign up with a member’s referral code. When a member’s friend
signs up using the member’s referral code, the member receives the 10 points
when their friend makes a purchase and scans their receipt to earn points.
Referrals must be made directly through the platforms provided in the Invite
Friends section of the App. Posting referral codes online is prohibited. Moe’s
reserves the right to freeze and reset a member’s account or otherwise limit a
member’s account privileges based on a violation of the referral program
You can also share your Moe’s 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 re-use your comment on the
official Moe’s Facebook page and/or other social media outlets.
Member Feedback & Surveys
Members will have the ability to give immediate feedback about their visit to
Moe’s, with the added ability to share their comments through their social
network on Facebook. Members can also provide feedback through surveys, which
allow us to quickly collect information directly from members who are using
the App and regularly visiting our restaurants. By submitting feedback or
participating in surveys, members can earn more points!
Exclusive Insider News & Special Offers
Moe’s Rewards Program members will have access to exclusive ‘insider’
information – including being one of the first to hear about select new menu
items, special promotions, system-wide events, etc. Members will learn about
Limited Time Offerings and special promotions through push notifications
and/or emails sent through the Moe’s Rewards Program.
MOE REWARDS CHECKIN-IN CAMPAIGN (SCAN TO EARN)
From time to time, the Moe’s Rewards Program may run various promotional
check-in campaigns (“Campaigns”) through the App. The following general
terms and conditions are applicable to those Campaigns:
Campaigns are open to residents of the US and DC (excluding residents of
Puerto Rico and US territories and possessions) who are at least 13 or older
at the time of entry and are members of the Moe Rewards Program. Employees or
franchisees of Moe’s Franchisor SPV LLC, or employees of individual Moe’s
restaurants and their respective immediate families (i.e., parents, spouse,
children, siblings, grandparents, step parents, step children and step
siblings and their respective spouses, regardless of where they reside) or
members of the same household, whether or not related to, Moe’s Franchisor SPV
LLC, and its parent or affiliated companies, subsidiaries, advertising and
promotion agencies and third party fulfillment or judging agencies are not
eligible to enter or win any Campaign prizes. Each Campaign begins and ends
on dates as announced on the App (“Campaign Period”). To participate in a
specific Campaign, make a purchase at a Moe’s location during the Campaign
Period and scan the QSR from the App at the register. Make as many purchases
as you want during the Campaign Period to earn points. All check-in scans to
earn Moe Rewards points must be made by 11:59 pm on the last day of the
Campaign Period. You will receive 10 points for every $1.00 spent. Campaign
prizes will vary during each Campaign and can be substituted at the sole
discretion of Moe’s. APR of each prize awarded will be between $1.00 and
$600.00. If a prize winner is a minor in his or her state of residence, the
Prize will be awarded to the minor's parent or legal guardian and the parent
or legal guardian will be required to complete, sign and return an Affidavit
and Release, if applicable. Prize winners will be notified through the App at
the email address used to establish their Account.
Your Rewards are not valid on the same transaction that earned the Points and
are valid on the next visit only. If the purchase on which you use your Reward
totals less than $7.00, then you will forfeit the remainder of the Reward; the
Reward balance will not be kept in your Account. Rewards are valid for 60
days. Once you earn a Reward, you may start accumulating points towards
another Reward. You may only redeem one Reward per 4 hour period meaning that
you may only redeem one Reward per visit regardless of the number of Rewards
you have earned in your Account. A Reward may not be combined with any other
offer or coupon. The Rewards you do not redeem will remain on your Account
until you use them or until your annual anniversary in the Moe’s Rewards
Program, whichever occurs first. At each anniversary date of becoming a member
of Moe’s Rewards Program, your points will be reset and you will begin
accruing points for the following year.
Participating Moe’s locations may be independently owned and operated. For
that reason, Moe’s make no guarantees, warranties or representations of any
kind, express or implied, with respect to redemptions or the products supplied
by such independently owned and operated locations, and shall not be liable
for any loss, expense, accident or inconvenience that may arise in connection
with the use of such items.
By registering for a Moe’s Rewards Program account, you consent to receive
system and transaction emails related to your participation in Moe’s Rewards
Program, as set forth below. There are no membership fees associated with
Moe’s Rewards Program. Points accumulated under the program are promotional
and have no cash value. You do not have any ownership rights in accrued points
and accrued points do not constitute your property. Your benefits, your
profile page and your Moe’s Rewards Program account are personal to you and
may not be sold, transferred or assigned to, or shared with family, friends or
others. You may have only one Moe’s Rewards Program account. Your Moe’s
Account may not include any fictitious, inaccurate or offensive information.
Moe’s reserves the right to terminate your account and/or your participation
in Moe’s Rewards Program if Moe’s determines in its sole discretion that you
have violated these Terms & Conditions, you have more than one (1) account, or
that the use of your account is unauthorized, fraudulent or otherwise
Moe’s also reserves the right to “unregister” and make ineligible for the
Moe’s Rewards Program any account that has been inactive for two (2)
consecutive years. Inactive is defined as no new points earned.
Moe’s has the right at any time, with or without giving you prior notice, to:
- end or cancel the Moe’s Rewards Program and/or any specific Reward;
- change any Reward or other Moe’s 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 Moe’s Rewards Program.
Moe’s reserves the right to terminate, discontinue, modify or cancel the Moe’s
Rewards Program at any time and in its sole discretion without notice to you.
If you disagree with any modifications of the program, your sole recourse is
to withdraw from the program.
If we end the Moe’s Rewards Program, Rewards you have earned but not used will
expire on the end date, and you may not redeem any Rewards or use any credits
after the end date.
When you visit the App or send e-mails to us, you are communicating with us
electronically. By using the App and participating in the Moe’s Rewards
Program, you consent to receive communications from us electronically,
including targeted emails, surveys, promotional offers and for other general
business purposes. We will communicate with you by e-mail, push notification
or by posting notices on the App. 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 and Conditions. We reserve the right to send you
emails for administrative purposes even if you opt out of these
If you provide us your mobile number and sign-up to receive Program-related SMS messages from us, you are expressly consenting to receive via auto dialing equipment text messages from us (MOESSW or 663779) to the mobile number you provided when you created an Account. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS messages from us to participate in the Program. Message and data rates may apply for any text messages sent to you from us and to us from you. Neither Moe’s nor carriers are liable for delayed or undelivered messages. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may text “HELP” for help at any time. For additional support, please use the Contact Us link on the Website. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
THIS APP, THE CONTENT, AND THE MOE’S REWARDS PROGRAMS ARE PROVIDED ON AN “AS
IS”, AND “AS AVAILABLE” BASIS, AND MOE’S HEREBY EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, MOE’S DOES NOT GUARANTEE THAT THE APP
OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
limitations of liability
IN NO EVENT SHALL MOE’S BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES
(DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE
ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR
WHETHER OR NOT MOE’S MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR
COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY SUCH STATE LAW.
binding dispute resolution and arbitration; class action waiver
Please Read This Provision Carefully. It Affects Your Legal Rights,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update to this Binding Dispute Resolution and Arbitration; Class Action
Waiver Section: January 1, 2020
This Binding Dispute Resolution and Arbitration; Class Action Waiver
Provision (the “Provision”) facilitates the prompt and efficient resolution
of any “dispute,” which includes any claim or controversy, whether based in
contract, statute, regulation, ordinance, tort – including, but not limited
to, fraud, misrepresentation, fraudulent inducement, or negligence – or any
other legal or equitable theory, and includes the validity, enforceability
or scope of this Provision (with the exception of the enforceability of the
Class Action Waiver clause below) that may arise between you and Moe’s that
may arise out of or any way relate to your access of the App, your use of
and participation in the Moe’s Rewards Program, any other Rewards program
described in this Terms and Conditions, and/or this Agreement, including the
validity, enforceability or scope of this Provision (with the exception of
the Class Action Waiver provision below). Effectively, then, “dispute” is
given the broadest meaning enforceable by law and includes any claims
against other parties relating to services or products provided or billed to
you (such as Moe’s licensors, suppliers, dealers or third-party vendors)
whenever you also assert claims against Moe’s in the same proceeding.
This Provision provides that all disputes between you and Moe’s shall be
resolved by binding arbitration because acceptance of these Terms and
Conditions constitutes a waiver of your right to litigation claims and all
opportunity to be heard by a judge or jury. Moe’s prefers this because Moe’s
believes arbitration is less drama-filled than litigation. To be clear,
there is no judge or jury in arbitration, and court review of an arbitration
award is limited. The arbitrator must follow these Terms and Conditions and
can award the same damages and relief as a court (including attorney’s
fees). You may, however, opt-out of this Provision which means you would
have a right or opportunity to bring claims in a court, before a judge or
jury, and/or to participate in or be represented in a case filed in court by
others (including, but not limited to, class actions). ALL PARTIES HERETO
AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED
ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE
PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
pre-arbitration claim resolution
For all Disputes, whether pursued in court or arbitration, you must first
give Moe’s an opportunity to resolve the Dispute which is first done by
and filling out the form: (1) Your name, (2) Your address, (3) A written
description of your claim, and (4) A description of the specific relief
you seek. If Moe’s does not resolve the Dispute within 45 days after
receiving your notification, than you may pursue your Dispute in
arbitration. You may pursue your dispute in a court only under the
circumstances described below.
exclusions from arbitration/right to opt out
Notwithstanding the above, you or Moe’s may choose to pursue a Dispute in
court and not by arbitration if: (a) The dispute qualifies for initiation
in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES
WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS AND
CONDITIONS (the “Opt-Out Deadline”). You may opt-out of this Provision by
mailing Moe’s at Moe’s Franchisor SPV LLC, Attn: Legal Department, 5620
Glenridge Drive, Atlanta, GA 30342: (1) Your name; (2) Your address; (3) A
clear statement that you do not wish to resolve disputes with Moe’s
through arbitration. Either way, Moe’s will not take any decision you make
personally. In fact, Moe’s promises that your decision to opt-out of this
Arbitration Provision will have no adverse effect on your relationship
with Moe’s. But, Moe’s does have to enforce the Opt-Out Deadline so keep
in mind that any opt-out request received after the Opt-Out Deadline will
not be valid and you must pursue your dispute in arbitration or small
If this Provision applies and the dispute is not resolved as provided
above (Pre-Arbitration Claim Resolution) either you or Moe’s may initiate
arbitration proceedings with either the American Arbitration Association
www.adr.org, or JAMS,
www.jamsadr.com. AAA or JAMS will arbitrate all disputes, and the arbitration will be
conducted before a single arbitrator. The arbitration shall be commenced
as an individual arbitration only, and shall in no event be commenced as a
class arbitration or a consolidated or representative action or
arbitration. All issues shall be for the arbitrator to decide, including
the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s
Supplementary Procedures for Consumer-Related Disputes that are in effect
at the time the arbitration is initiated will apply; for Disputes
involving $75,000 or more, the AAA’s Commercial Arbitration Rules that are
in effect at the time the arbitration is initiated will apply. In either
instance, the AAA’s Optional Rules For Emergency Measures Of Protection
that are in effect at the time the arbitration is initiated shall apply.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Recommended Arbitration Discovery Protocols For
Domestic, Commercial Cases that are in effect at the time the arbitration
is initiated will apply. The JAMS rules are available at www.jamsadr.com
or by calling 1-800-352-5267. This Provision governs in the event it
conflicts with the applicable arbitration rules. Under no circumstances
will class action or representative procedures or rules apply to the
Because the Moe’s Rewards Program and these Terms and Conditions concern
interstate commerce, the Federal Arbitration Act (“FAA”) governs the
arbitrability of all disputes. However, the arbitrator will apply
applicable substantive law consistent with the FAA and the applicable
statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an
individual basis any relief that would be available pursuant to applicable
law, and will not have the power to award relief to, against or for the
benefit of any person who is not a party to the proceeding. The arbitrator
will make any award in writing but need not provide a statement of reasons
unless requested by a party or if required by applicable law. Such award
will be final and binding on the parties, except for any right of appeal
provided by the FAA or other applicable law, and may be entered in any
court having jurisdiction over the parties for purposes of enforcement.
You and Moe’s understand that, absent this mandatory arbitration
provision, you and Moe’s would have the right to sue in court and have a
jury trial. You and Moe’s further understand that, in some instances, the
costs of arbitration could exceed the costs of litigation in court and the
right of discovery may be more limited in arbitration than in court.
Confidentiality of Arbitration Proceedings - Arbitration
proceedings conducted pursuant to this Section 5 shall be strictly
confidential. The fact that an arbitration exists or is proceeding,
the nature of the Dispute, all documents exchanged in connection with
the arbitration, all testimony (including transcripts of testimony, if
any) that is given in the arbitration proceeding, and any arbitration
award shall remain confidential. The only exceptions to this
confidentiality provision are disclosures reasonably necessary to
confirm or vacate an arbitration award, a judicial challenge to an
arbitration award or its enforcement, or disclosure that is required by
operation of law or court order; provided, however, that this Paragraph
shall not prevent the disclosure of such information (1) as may be
required to your legal and financial advisors and independent
accountants; (2) as may be required to any ME Entity’s (a) legal,
financial and other professional advisors, regulators, rating agencies,
independent accountants, analysts, agents, and/or directors, (b)
shareholders and/or affiliates and their respective officers, directors
and legal, financial and other professional advisors, and/or (c)
existing or potential insurers or reinsurers, existing or potential
investors, existing or potential lenders, or existing or potential
purchasers; and/or (3) as otherwise required to comply with any
applicable law or regulation.
Location of Arbitration - You or Moe’s may initiate
arbitration in either Atlanta, Georgia or the Unites States county in
which you reside. In the event that you select the county of your United
States residence, Moe’s may transfer the arbitration to Atlanta, Georgia
in the event it agrees to pay any additional fees or costs you incur as a
result of the change in the arbitration location as determined by the
Payment of Arbitration Fees and Costs - So long as you
place a request in writing prior to commencement of the arbitration, Moe’s
will pay all arbitration filing fees and AAA or JAMS hearing fees and any
arbitrator's hearing fees, costs and expenses upon your written request to
the arbitrator given at or before the first evidentiary hearing in the
arbitration. But, you will still be responsible for all additional fees
and costs that you incur in the arbitration which include but are not
limited to attorneys’ fees or expert witnesses, unless Moe’s is otherwise
specifically required to pay such fees under applicable law. In addition
to any fees and costs recoverable under applicable law, if you provide
notice and negotiate in good faith with Moe’s as provided in the section
above titled “Pre-Arbitration Claim Resolution” and the arbitrator
concludes that you are the prevailing party in the arbitration, you will
be entitled to recover reasonable attorney’s fees and costs as determined
by the arbitrator.
class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR
LEGAL RIGHTS. Except as otherwise provided in this Provision, the
arbitrator may not consolidate more than one person’s claims, and may
not otherwise preside over any form of a class or representative
proceeding or claims (such as a class action, consolidated action,
representative action, or private attorney general action) unless both
you and Moe’s specifically agree to do so in writing following
initiation of the arbitration. If you choose to pursue your Dispute in
court by opting out of the Arbitration Provision, as specified above,
this Class Action Waiver will not apply to you. Neither you, nor any
other participant in the Moe’s Rewards Program can be a class
representative, class member, or otherwise participate in a class,
consolidated, or representative proceeding without having complied with
the opt-out requirements above.
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL
RIGHTS. You understand and agree that by accepting this Provision in
these Terms and Conditions, you and Moe’s are each waiving the right to
a jury trial or a trial before a judge in a public court, to the fullest
extent allowed by law. In the absence of this Provision, you and Moe’s
might otherwise have had a right or opportunity to bring disputes in a
court, before a judge or jury, and/or to participate or be represented
in a case filed in court by others (including class actions). Except as
otherwise provided below, those rights are waived. Other rights that you
would have if you went to court (e.g., the rights to both appeal and
certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver
clause above) is found to be illegal or unenforceable, that clause will be
severed from this Provision whose remainder will be given full force and
effect. If the Class Action Waiver clause is found to be illegal or
unenforceable, this entire Provision will be unenforceable and the dispute
will be decided by a court and you and McAlisters’ each agree to waive in
that instance, to the fullest extent allowed by law, any trial by jury as
set forth above.
This Provision shall survive the termination of your account with Moe’s
and your discontinued participation in the Moe’s Rewards Program.
Notwithstanding any provision in these Terms and Conditions to the
contrary, Moe’s agrees that if Moe’s makes any change to this Provision
(other than a change to the Notice Address), you may reject any such
change and require Moe’s to adhere to the present language in this
Provision if a dispute between the parties hereto arises.
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF GEORGIA, UNITED STATES
OF AMERICA, GOVERNS THESE TERMS AND CONDITIONS AND ANY DISPUTE BETWEEN
YOU AND MOE’S, IRRESPECTIVE OF WHERE THE MEMBERSHIP APPLICATION WAS
COMPLETED OR WHERE THE MEMBER RESIDES OR THE CHOICE OF LAW PRINCIPLES OF
GEORGIA OR ANY OTHER JURISDICTION.
All or any of Moe’s rights and obligations hereunder may be assigned to a
subsequent owner or operator of this App in a merger, acquisition or sale of
all or substantially all of Moe’s assets. If, for any reason, a court of
competent jurisdiction finally determines any provision of these Terms and
Conditions or any portion thereof to be unenforceable, such provision will be
enforced to the maximum extent permissible so as to give the intended effect
thereof, and the remainder of these Terms and Conditions will continue in full
force and effect. Moe’s failure to act with respect to a breach by you or
others does not waive Moe’s right to act with respect to that breach or
subsequent or similar breaches.
These Terms and Conditions, and all Terms and Conditions incorporated herein
by reference, represent the entire agreement between you and Moe’s with
respect to the Moe’s Rewards Program or any program benefits. The Terms and
Conditions may not be modified except by publication of modified Terms and
Conditions by Moe’s on
this terms and conditions page.
Last Updated Terms and Conditions last updated on April 24, 2020.