terms-of-service

Welcome to the websites operated at notyouraveragejoes.com and nyaj.com (collectively, the "Site"), provided by Not Your Average Joe's, Inc. ("Not Your Average Joe's, Inc.," "NYAJ," "we," "our," or "us"). NYAJ is a domestic United States company headquartered in Massachusetts and incorporated in Delaware. This Agreement contains the terms and conditions upon which you ("you" or "the user") may access and use the information and services available through the Site. We may modify this Agreement at any time, and such modification will be effective 30 days after either posting of the modified Agreement or notification to you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.

The materials ("Materials") contained on the Site are provided by NYAJ and may be used for informational purposes only. By downloading or using any Materials from the Site, you agree to the terms and provisions outlined in this legal notice. If you do not agree, do not use the Site or download Materials.

TRADEMARKS.

"Not Your Average Joe's," "NYAJ," and related names, logos, designs, trade dress, slogans, and marks used on the Site are trademarks or service marks of NYAJ or its licensors.

Other product or service names or logos referenced on the Site may be trademarks or registered trademarks of NYAJ, its licensors, or their respective owners. The absence of a name or logo from this notice does not constitute a waiver of any intellectual property rights concerning that name or logo.

UNSOLICITED IDEA SUBMISSION POLICY.

NYAJ and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products, menu items, product enhancements, processes, recipes, materials, marketing plans, or product names. Please do not send original creative artwork, suggestions, or other works. This policy is intended to avoid potential misunderstandings or disputes when NYAJ's products, services, or marketing strategies may seem similar to ideas submitted to NYAJ. If, despite this request, you send unsolicited ideas, the following terms apply to your submission.

You agree that: (1) your ideas will automatically become the property of NYAJ, without compensation to you, and (2) NYAJ may use the ideas for any purpose and in any way, including sharing them with others.

NYAJ welcomes feedback about its existing business, products, services, and marketing strategies. If you would like to provide feedback, please use the Contact Us page. Please provide only specific feedback regarding NYAJ's existing products, services, or marketing strategies and do not include unsolicited ideas that this policy does not permit NYAJ to accept or consider.

YOUR CONDUCT.

Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than search tools made available by NYAJ on this Site and generally available third-party web browsers is prohibited.

You may not attempt to decipher, decompile, disassemble, or reverse-engineer any software that comprises or in any way forms part of the Site.

WARRANTY DISCLAIMER.

The information on this Site is provided "as is." You expressly acknowledge that your access to or use of the Site is at your sole risk. The information on this Site may be compiled from various third-party content providers ("providers"). NYAJ and its providers make no representations or endorsements about the suitability for any purpose of products or services available through the Site. We and our providers do not guarantee the timeliness, validity, completeness, or accuracy of information made available to you for any particular purpose. We and our providers disclaim all warranties and conditions, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the products, services, and information contained on or made available through this Site, including the availability of this Site, lack of viruses or other harmful code, or any failure to provide access to the Site. Although we or our providers may update Site content from time to time, some information may be out of date or may contain inaccuracies or typographical errors.

WAIVER, RELEASE AND LIMITATION OF LIABILITY.

You agree that neither NYAJ nor its officers, directors, employees, or agents shall have liability to you under any theory of liability or indemnity arising out of or relating to use of the Site. You hereby release and forever waive any and all claims you may have against NYAJ, its officers, directors, employees, and agents, including claims based on negligence, for losses or damages you sustain arising out of or relating to use of the Site.

SURVIVABILITY OF LIMITATION OF LIABILITY.

Notwithstanding the foregoing paragraph, because some jurisdictions do not allow the exclusion or limitation of liability to the full extent described above, these limitations may not apply to you. If this limitation of liability or exclusion of warranty is held to be invalid or unenforceable for any reason, the maximum collective liability of NYAJ, its officers, directors, employees, and agents, if any, for losses or damages shall not exceed $500. In no event shall NYAJ, its officers, directors, employees, or agents be liable to you for any losses or damages greater than that amount. All other damages, direct or indirect, special, incidental, consequential, or punitive arising out of or relating to use of the Site are excluded to the maximum extent permitted by law, even if NYAJ, its officers, directors, employees, or agents have been advised of the possibility of such damages.

DISCLAIMER OF LIABILITY FOR SERVICE INTERRUPTION.

THIRD PARTY RIGHTS.

The provisions of paragraphs 7, 8 and 9 apply for the benefit of NYAJ and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

RIGHT TO TERMINATE.

NYAJ shall have the right to terminate your ability to use or access the Site at any time without notice to you.

MISCELLANEOUS.

(a) You agree that no joint venture, partnership, employment, or agency relationship exists between NYAJ and you as a result of this Agreement or your use of the Site.

(b) Any cause of action or claim you may have with respect to NYAJ must be commenced within one (1) year after the claim or cause of action arises.

(c) NYAJ's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(d) NYAJ may assign its rights and duties under this Agreement to any party at any time without notice to you.

GOVERNING LAW AND FORUM.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law provisions. You agree that any legal action or proceeding between NYAJ and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction located in Massachusetts, United States of America. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, NYAJ will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you.

ENTIRE AGREEMENT.

This Agreement comprises the full and final understanding between you and NYAJ and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Agreement may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of NYAJ, and referring specifically to this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

SEVERABILITY.

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

NOTICE TO YOU.

NYAJ may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with NYAJ as part of your registration information.

CONTACTING US.

To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please go to Contact Us.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on the Site in a way that may constitute copyright infringement, you may provide notice of your claim to NYAJ's Copyright Agent listed below.

For your notice to be effective, it must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

NYAJ's Copyright Agent for notice of claims of copyright infringement on the Site can be reached through the Contact Us page at notyouraveragejoes.com/contact.

Rewards Terms of Use

In order to complete your registration for the Not Your Average Joe's rewards program (the "Rewards Program"), to use and continue to use the Rewards Program, and to access and use the Rewards Program through notyouraveragejoes.com, nyaj.com, or any NYAJ mobile application (collectively, the "Sites"), you must agree to these Terms of Use. If you do not agree to these Terms of Use, do not use or continue to use the Rewards Program.

These Terms of Use include an Arbitration provision that applies to any disputes between you and Not Your Average Joe's. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:

Eliminate your right to trial by jury; and

Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.

Reservation of Rights

Not Your Average Joe's, Inc. ("NYAJ") offers this Rewards Program at its discretion and reserves the right to terminate, suspend, or modify it, in whole or in part, or to change the rules, benefits, conditions of participation, or qualification criteria or to suspend, reduce, or terminate any benefits, at any time, with or without notice. NYAJ further reserves the right to make benefits, bonuses, or promotional offers selectively available to certain Members at any time, with or without notice. In making purchases from NYAJ, Members may not rely upon the continued availability of this Rewards Program any benefits or rewards under this Rewards Program.

Eligibility

The Rewards Program is only available to individual legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Rewards Program Member ("Member") and a maximum of four accounts are allowed per household. Each participant in the Rewards Program must have his or her own account and accounts may not be used by, shared, sold, assigned or transferred to any individual, except among immediate family members living in the same household.

Enrollment

In order to enroll as a Member of the Rewards Program, you must provide NYAJ with your name, email address, birthdate, favorite location, and phone number, and a username and password. You are also solely responsible for updating your Rewards Program account information so that it is accurate and current, and NYAJ is not responsible if you do not receive any emails from us because you provided an incorrect email address or failed to update your email address.

Earning NYAJ Rewards

Members may earn points or rewards by making qualifying purchases at participating NYAJ restaurants or through participating NYAJ channels within the United States, as described in the Rewards Program materials. Qualifying purchases, exclusions, reward values, and redemption restrictions are determined by NYAJ and may be changed at any time, subject to applicable law. Rewards and other benefits accumulated under the Rewards Program are promotional and have no cash value unless expressly stated otherwise.

Members may earn points, rewards, discounts, or other benefits as described in the Rewards Program materials made available by NYAJ. Earning rates, thresholds, benefit levels, and promotional offers are subject to change at any time in NYAJ's sole discretion, with or without notice, subject to applicable law.

NYAJ Rewards Benefit Levels

Rewards Program benefit levels, eligibility criteria, earning rates, awards, and benefits, if any, will be described in the Rewards Program materials made available by NYAJ and may be changed, suspended, or discontinued by NYAJ at any time, with or without notice, subject to applicable law.

Points and Benefits of Each Benefit Level

Redemption

NYAJ Rewards may be redeemed for eligible food and beverage purchases at participating NYAJ restaurants or channels as described in the Rewards Program materials. Rewards may not be redeemed for cash, used to purchase gift cards or other excluded items, or used to pay taxes, gratuities, delivery charges, or other fees unless expressly permitted by NYAJ. Rewards are personal to each Member and may not be sold, transferred, assigned, shared, or used for any commercial purpose except as expressly permitted by NYAJ.

Expiration

Earned NYAJ Rewards will expire annually. Other benefits or discounts will expire as indicated in the accompanying communication.

Maximum Redemption

NYAJ may establish maximum redemption limits, expiration periods, exclusions, and other restrictions for Rewards Program benefits, as described in the Rewards Program materials.

Discounts

Certain discounts and special purchases cannot be combined with NYAJ Rewards™. NYAJ reserves the right to refuse to permit NYAJ Rewards™ to be redeemed in connection with discounted items.

Sweepstakes, Contests, and Other Promotions

The Rewards Program may offer sweepstakes, contests, or other promotions that have separate rules or terms and conditions. Members must read and agree to those rules and terms and conditions in order to participate.

Lost Rewards Card/Unauthorized Use

Report any lost rewards card, compromised account credentials, or unauthorized use of your Rewards Program account to NYAJ through the Contact Us page at notyouraveragejoes.com/contact or through other support channels made available by NYAJ.

Account Closure

NYAJ may close a Member's Rewards Program account in its sole discretion after 12 months with no activity.

Suspension/Termination of Membership

NYAJ reserves the right in its sole discretion to suspend a Member's membership in the Rewards Program in the event of any suspected misconduct, including suspending the Member's ability to redeem NYAJ Rewards™ and/or other benefits earned or received in connection with his/her membership in the Rewards Program. If NYAJ concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member's membership, including but not limited to terminating the Member's ability to redeem NYAJ Rewards™ and/or other or benefits earned or received in connection with his/her membership in the Rewards Program.

Modification of Terms of Use

NYAJ reserves the right, in its sole discretion, to modify these Terms of Use at any time. Any changes are effective immediately upon being posted on any of the Sites, and the Member's continued enrollment in the Rewards Program or use of the Sites confirms their acceptance of the changes and agreement to be bound by them.

Termination of Rewards Program

NYAJ reserves the right in its sole discretion to terminate or change the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn NYAJ Rewards™ or receive other benefits associated with the Rewards Program. Unless otherwise provided in writing by NYAJ, any unused NYAJ Reward or other Reward Program benefit will expire upon termination of the Rewards Program, and Member's Rewards Program points will be set to zero.

Ownership of Site Content

All of the contents of the Sites is owned and copyrighted by NYAJ and is protected as intellectual or proprietary property. Use of any of the Sites' content without prior consent by NYAJ is strictly prohibited.

Limitation of Liability and Disclaimer

Members use the Sites at their own risk. NYAJ is not liable for any direct, indirect, special, or other damages or losses that may result from a Member's access to the Sites or use of information on the Sites. The Sites and the information included on the Sites are provided by NYAJ "as is" without any warranty of any kind, either express or implied. NYAJ is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions, jumbled, scrambled, or misdirected transmissions, electrical, network, computer hardware or software malfunctions, failures or difficulties, or other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical, or electronic. NYAJ is not responsible for damage to any person's computer or device related to participation in the Rewards Program. NYAJ's liability for NYAJ Rewards™ or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other NYAJ Rewards™ or other benefits, while supplies last.

Release

Member hereby releases and agrees to indemnify and hold harmless NYAJ from and against any and all costs, claims, damages, or other injury, whether due to negligence or otherwise, to persons or property, including violation of personal rights such as rights of publicity or privacy, libel, or slander, arising in whole or in part, directly or indirectly, from the Member's participation in the Rewards Program or the receipt, use, or misuse of NYAJ Rewards™ or any other award or benefit.

Links to Third Party Websites

The Sites may contain links to third-party websites or may permit Members to log in through an account on a social media website or application. NYAJ does not control these websites and is not responsible for their content or security. If a Member clicks a link to an outside website or uses a social media account to log in to a Site, the Member does so at their own risk and is subject to the privacy policy and terms and conditions of that website.

Privacy

Any information that a Member provides to NYAJ is treated in accordance with NYAJ's Privacy Statement, located at www.notyouraveragejoes.com.

Choice of Law

These Terms of Use are governed by and are to be construed in accordance with the laws of the Commonwealth of Massachusetts.

Disputes to Be Resolved Through Arbitration; Class Action Waiver

Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the "Forum") and conducted before a sole arbitrator, all pursuant to the Forum's Commercial Arbitration Rules as supplemented by the Forum's Supplementary Procedures for Consumer-Related Disputes (collectively, the "Forum's Rules"). The American Arbitration Association's current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member lives. The arbitrator's decision shall be controlled by these Terms of Use and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against NYAJ or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member's individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Election To Not Be Bound By Arbitration Policy

You may elect to opt out of the above arbitration requirement within 30 days of the later of (a) the date on which you enrolled in the Rewards Program or (b) the effective date of these Terms of Use (the "Arbitration Opt-Out Deadline"). To opt out, please send written notice of your election by email to customer@customer.nyaj.com or by regular U.S. Mail to Not Your Average Joe's, Inc., Attention: Legal Department, 859 Willard Street, Suite 400, Quincy, MA 02169. Any election notice received after the Arbitration Opt-Out Deadline (allowing five additional days for mailing) will not be valid. The election notice must state your name, mailing address, phone number, email address, and a statement that you elect not to be bound by the Arbitration Policy. Opting out of the arbitration agreement will not impact your enrollment in the Rewards Program.

If you have any questions regarding privacy, please read our privacy policy: https://www.notyouraveragejoes.com/privacy-policy/