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 PROVIDED BELOW.

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 PROGRAM

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.

Please read the Moe's Privacy Policy carefully to 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 Policy. If we revise our Privacy Policy, then these Terms and Conditions will automatically refer to that revised Privacy Policy once we publish it on our 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 acceptance of the Privacy Policy and these uses of information about you.

program overview

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 is simple:

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 password.
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 App.

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 to Facebook.

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 preferences.

You may cancel your Moe’s Rewards Program Account at any time by following these steps:

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 requirements.

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.

General

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 unlawful.

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.

electronic communications

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 communications.

no warranties

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 TERMINATION), THE CONTENT, THE MOE’S REWARDS PROGRAM, OR THESE TERMS OF USE, 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 visiting www.mcalistersdeli.com/contact 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 claims court.
arbitration procedures

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 (“AAA”), 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 arbitration

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 arbitrator.

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.
jury waiver

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.
severability

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.
continuation

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.

other information

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.