Terms & Conditions

Welcome to the Chubby Group’s Terms & Conditions of Use (“Terms”). These Terms are a legal agreement between you and Chubby Cattle International, LLC, which operates this website (chubbybowls.com), Chubby Club, LLC for the Chubby Club membership program and app, and their affiliates and subsidiaries (together, “Chubby Group”, “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, the websites and applications for our restaurant brands 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 Chubby Group, 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 Chubby Group 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 CHUBBY GROUP, YOU ACCEPT THESE TERMS FULLY AND WITHOUT RESERVATION.

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 thirteen (13) years old to use the Services. If you are under eighteen (18) years old, you may purchase a paid membership, or hold or transact in an NFT or participate in any loot box, random reward, sweepstakes, raffle, or giveaway, only with the consent and involvement of a parent or legal guardian who agrees to these Terms on your behalf. 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 Services. 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 Services.

1.3 You agree that by using this Service, you are responsible for using the most current version made available by Chubby Group and that Chubby Group 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.

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.

2.3 We reserve the right to, from time to time and without prior notice, among other things: change earning ability; withdraw, limit, modify, or cancel any award or benefit; cancel or change partner awards or programs; increase or alter the point or other requirements to earn an award or benefit; modify or regulate the transferability of points, awards, or benefits; modify the membership tiers or the benefits available to any tier; add blackout dates; or limit the number of redemptions per member. Chubby Group may limit the number of Program participants and may temporarily or permanently discontinue registering new Members at any time and for any reason without notice.

3.1 You shall be responsible for ensuring the accuracy of any of the information you submit to Chubby Group 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 Chubby Group 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 Chubby Group 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 Chubby Group 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 Chubby Group, we have created non-fungible tokens (NFTs). The NFT is available on selected NFT marketplaces and subject to the terms and conditions available here: opensea.io/tos.

3.5 Chubby Group 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 Chubby Group, in its sole and absolute discretion, determines to be inappropriate or disruptive to the Services or to any user.

4.1 New Member Enrollment and Standard Membership: By enrolling in the Chubby Club membership, you agree to abide by these Terms, including all requirements regarding account creation and maintenance.

4.2 One Membership/Account Per Person; No Sharing of an Account: Each member is allowed only one (1) account, and sharing of accounts is strictly prohibited. Violation of this policy may result in immediate account suspension or termination.

4.3 Verification; Maintaining Member Information: Members must ensure that all information provided during registration and throughout membership is accurate and up to date. Chubby Group reserves the right to verify member information at any time and may request additional documentation.

4.4 Membership Transferability: Membership and any associated benefits, including rewards points, are non-transferable unless explicitly permitted by Chubby Group.

4.5 Inactivity: If a member’s account remains inactive for twenty-four (24) consecutive months, all points in that account will be forfeited at that time. However, the member’s account will remain open with the ability to earn new points thereafter unless the member’s account is otherwise terminated in accordance with these Terms.

4.6 Causes of Membership Termination or Refusal of Benefits: Chubby Group reserves the right to terminate a membership or refuse benefits for violations of these Terms, including but not limited to fraudulent activity, misuse of benefits, and inappropriate behavior.

4.7 Termination by Member and Effects of Termination: Members may terminate their membership at any time by contacting Chubby Group support. Upon termination, all remaining benefits, including rewards points, will be forfeited.

4.8 Termination of the Program: Chubby Group reserves the right to terminate the loyalty program completely at any time by providing active members with six (6) months’ written notice to the email or mailing address associated with their accounts, unless a shorter notice period (or no notice) is required or permitted by applicable law. Any points or awards in a member’s account or otherwise held by the member on the effective date of termination will be forfeited. Any conclusion to the program that results in the transfer of members to a successor loyalty program, where such members do not forfeit all unexpired, unredeemed points in their account as a result, will not be considered a Termination of the Program for the purposes of the above notice provision.

4.9 All Decisions Final: All decisions regarding membership benefits, rewards, and penalties shall be made at the sole discretion of Chubby Group and shall be considered final. Members acknowledge and agree that disputes related to rewards or penalties will be resolved in accordance with these Terms.

4.10 No Refunds; Cancellations and Chargebacks: All membership purchases and related fees are final and non-refundable, except where a refund is required by applicable law, including applicable automatic-renewal laws. By enrolling in the Chubby Club membership, you acknowledge and agree that you will not be entitled to any refunds or partial refunds for any reason, including but not limited to dissatisfaction with the membership, failure to use membership benefits, or termination of membership by either party, except as required by applicable law. Cancellations may be requested at any time but will not result in a refund of any previously paid amounts. If you believe a charge is incorrect, please contact us first at support@chubbygroup.com so that we can work to resolve it. We reserve the right to review, suspend, or terminate a membership and to forfeit associated benefits, including reward points, in cases of fraudulent, abusive, or bad-faith payment disputes. Nothing in these Terms limits any right you may have to dispute a charge under applicable law.

4A.1 Paid Chubby Club memberships, including Chubby Club PLUS and Chubby Club ONE, are subscriptions that automatically renew. Unless you cancel before the end of the current term, your membership renews for successive terms of the same length, and we, or the app store through which you subscribed, will charge the then-current fee plus applicable taxes to your payment method on each renewal date. The renewal term, price, and cancellation method are disclosed to you before you purchase, and by enrolling you agree to them.

4A.2 You may cancel at any time, effective at the end of the current term, and cancellation will be at least as easy as enrollment. If you enrolled directly with us, you may cancel in the Chubby Club app’s account settings or by emailing support@chubbygroup.com. If you enrolled through an app store, such as the Apple App Store or Google Play, you must cancel through that app store. Where required by applicable law, we will send you a reminder before your membership renews that states the renewal date, the renewal amount, and how to cancel.

(Subscription Required)*

(a) Base Point Earning: Points are calculated based on the transaction total after any applicable discounts, and before taxes and gratuity. Members must scan their receipt on-site, at the time of their visit. (Location services must be enabled on the app). Points do not expire, but progress towards the next status tier will reset on January 1st of each year. All bills from in-restaurant dining are automatically subject to gratuity.

(b) Special Membership Pricing and Perks (Up to Two Guests)*: The majority of our restaurants offer special membership pricing on menu and à la carte items for Chubby Club PLUS subscription members. If a location does not offer membership pricing, unique perks will be provided, varying by location. The subscription covers benefits for the member and up to one additional guest. For details on perks for a specific location, please see Benefits by Concept.

(c) One Free Chubby Tea Per Month (Chubby Day Mystery Gift)*: Every month, Chubby Club PLUS subscribed members receive a voucher for one free Chubby Tea (excluding toppings). The voucher is automatically credited to the user’s account on the same date each month, based on their original subscription date. Alternatively, Chubby Club may offer a “Chubby Day Mystery Gift” of equal or greater value, redeemable at participating locations.

(d) Two Times (2x) Bonus Point Earning:* Chubby Club PLUS subscription members earn bonus points based on their current tier’s base multiplier. For example, Gold tier members receive three times points. Additionally, location-specific point bonuses are applied as additive multipliers. For instance, a two times location multiplier will increase the Gold member’s total point earnings to five times.

(e) Three Thousand (3,000) Birthday Points:* On the day before the member’s birthday, 3,000 birthday points will be credited to their account, valid for use on the day before, the day of, or the day after their birthday. These points will expire if not used by the end of the second day after the member’s birthday. Birthday points are only credited after the member signs up AND scans their first receipt, meaning they must visit at least once before their birthday to qualify for the 3,000 points.

(f) Three Thousand (3,000) Annual Point Credits (Two Hundred Fifty (250) Per Month)*: Each month, Chubby Club PLUS subscription members receive 250 points for use at any of our locations. The points are automatically credited to the user’s account on the same date each month, based on their original subscription date. These points do not roll over and will expire if not used before the next monthly period.

(g) Chubby Club Plus Party Boost:* A PLUS subscription includes membership pricing and perks for the subscribed member and one guest (up to two people). Reaching Gold or Black tier status increases the number of guests in your party eligible for these perks. Additionally, any subscribed member in the same party (whether ONE or PLUS) can extend their benefits to cover one extra guest. Please note that this is a status/NFT-based benefit, and only the member using their perks will activate the party boost. Stacking perks is subject to additional restrictions from individual locations’ stacking policies.

(h) Access to Community & Exclusive Giveaways: By becoming a member of Chubby Club, you will gain access to giveaways, raffles, and special events with our partners. To become a part of our community, please join our Discord server: https://discord.chubby.group/

(i) Receive Promotional Offers & Vouchers: By becoming a member of Chubby Club, you will receive limited offers straight through the app such as bonus point earning opportunities and promotional discount vouchers.

(j) Refer Friends for Bonus Rewards: Existing members receive point rewards for every successful referral. A successful referral is when the new, referred member scans their first receipt.

(k) Tier Upgrade Loot Box Reward: Upon reaching the next tier status, the member will receive a loot box containing a special reward at random from a list of possible options. The average value of potential rewards from each loot box increases as higher tier statuses are achieved for the first time.

(l) Unique Benefits at Select Partner Businesses: Members with Silver tier status and above receive benefits at participating locations from Chubby Club’s affiliated partners. To view these benefits, please see the Benefits by Concept.

(m) One Round of Free Drinks Every Visit: Members and their entire party generally receive one FREE drink per person as part of a ‘Welcome Drinks’ round. The selection varies by location, though not all drinks on the menu will be eligible for this perk. In locations where drinks are included in the price of a set menu, this perk may not apply. At newly launched restaurants, alcoholic options might be unavailable until licensing is secured. Typically, this perk covers soft drinks, cocktails, or canned/bottled alcoholic beverages. In some locations, where individual servings aren’t available, a pitcher may be provided instead. The term “round” may also refer to an appropriate portion for your group, not necessarily an individual drink for each person. For example, a party of 3-4 might receive one bottle of soju or a large pitcher of beer. Please see Benefits by Concept for more details.

(n) Private Concierge for Priority Reservations/Waitlist: Our private concierge is available to assist elite status members with securing priority reservations, waitlist requests, and special accommodations at all locations. While reservations guarantee your requested dining time, priority waitlist requests do not. Instead, they move your party to the top of the waitlist upon arrival, though a wait may still occur depending on current demand. Requests can be made via Discord or through the app. Please note that Discord requests must be submitted at least 24 hours in advance. During the “soft opening” phase of new locations, we limit customer traffic to train staff. This service will be temporarily unavailable until the “grand opening.”

(o) Discount Off Entire Bill: Members with a percentage-off benefit will receive their discount after all other flat cash discounts are applied. If a member has multiple percentage-based discount perks, only the highest will be used. The discount applies to the entire bill with no restrictions on party size. If redeeming a GOLD NFT tasting menu, no additional discounts may be used.

(p) Lifetime Status on App: NFT members enjoy the privileges of their corresponding tier on the app for as long as they hold the NFT, without needing to meet any point requirements to maintain that tier.

(q) Exclusive Invitations to Private Events: When we open a new location, NFT members are invited to participate in the launch with an exclusive tasting event, allowing them to bring their party to try our newest menus, using enhanced NFT benefits. Due to limited spots, we cannot accommodate all NFT members who sign up, so selection is typically on a first-come, first-served basis or through a lottery system.

(r) Free Appetizer/Dessert Every Visit: At à la carte locations, NFT members can choose a complimentary appetizer or dessert for their table from a selection of available options. This perk is not available at all-you-can-eat (AYCE) locations, where all dishes are included in the menu price.

(s) Chubby Club Membership Discount: Silver and above NFT members enjoy special discounts on a Chubby Club Plus annual subscription if they hold that NFT at the time of renewal. This discount cannot be combined with any other promotions.

(t) Character Dishes (or PVV discount) Every Visit: Each NFT is assigned a random set of “character dishes” and a PVV (Per-Visit-Value) ranging from 3 to 30. Silver NFTs range from 3 to 15, while Gold NFTs range from 15 to 30. At à la carte locations, NFT members can choose to receive one serving of each “character dish” on their card for free during each visit or apply the PVV as a flat cash discount. If certain items are unavailable, a similar value item may be offered as a substitute. NFT members must choose either the character dishes or the PVV discount; mixing the two is not allowed. At all-you-can-eat (AYCE) locations, only the PVV discount can be used, as all menu items are already included in the price.

(u) Chance of Winning a Black Tier NFT Through New Purchase: Upon purchasing (minting) a new NFT, there is a small chance it will be upgraded to a Black tier NFT. This upgrade is entirely based on chance, with a 1 in 500 likelihood for Silver NFTs and a 1 in 100 likelihood for Gold NFTs.

(v) A Wagyu Gift from Chubby Club Every Visit: At à la carte locations, NFT members can choose a complimentary Wagyu platter or a similar item for their table from a selection of available options. This perk is not available at all-you-can-eat (AYCE) locations, where all dishes are included in the menu price.

(w) Complimentary Tasting Menus Per Year: Gold NFT members receive two tasting menu credits per year, which reset based on the NFT’s original purchase date. Black NFT members enjoy unlimited tasting menu credits for life, with a maximum of one redemption per day. Only one credit can be redeemed per visit for one portion of the tasting menu. For example, if the tasting menu serves two people, the credit covers only one person. Tasting credits can be used for any menu tier at our all-you-can-eat (AYCE) locations and for certain menus at à la carte locations. Please refer to Benefits by Concept for details on restrictions and menu options. We cannot accommodate dish exchanges for individual preferences, except for specific allergies. If you have dietary restrictions, please inform us in advance so we can make suitable adjustments based on the available options for that day.

(x) Status/NFT Benefits Usage Restrictions: Status/NFT Benefits may only be used in combination with Chubby Club Plus and Chubby Club One memberships on select days, as denoted in the Services. Members will always be able to earn points.

(y) Exclusion of Stacking on Holidays: The following designated holidays are recognized, during which the stacking of benefits is not permitted.

Federal Holidays (Observed Nationwide, Government Offices Closed)

Christmas Eve to New Year’s Day: December 24 to January 1

Martin Luther King Jr. Day: Third Monday in January

Presidents’ Day (Washington’s Birthday): Third Monday in February

Memorial Day: Last Monday in May

Independence Day: July 4

Labor Day: First Monday in September

Columbus Day / Indigenous Peoples’ Day: Second Monday in October

Veterans Day: November 11

Thanksgiving Day: Fourth Thursday in November

Popular National Holidays & Observances (Not Federal but Widely Celebrated)

Valentine’s Day: February 14

St. Patrick’s Day: March 17

Easter Sunday: Varies (March/April)

Mother’s Day: Second Sunday in May

Father’s Day: Third Sunday in June

Halloween: October 31

Cultural & Religious Holidays Recognized by Many

Lunar New Year: January/February (varies)

6.1 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. Chubby Group and Chubby Group concepts assume no responsibility or liability for such errors, inaccuracies, or omissions. To the extent permitted by the applicable law, Chubby Group and Chubby Group 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.

6.2 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.

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

7.2 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).

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

8.2 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.

8.3 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.

9.1 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.

9.2 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.

9.3 By subscribing to any paid membership tier, you agree that Chubby Group may store your payment details securely for processing recurring payments via a third-party payment processor. Payment information is handled in accordance with our Privacy Policy and applicable laws. Transactions made through the membership program may be subject to applicable local, state, and federal taxes. Members are responsible for any such taxes and fees.

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or its content in the following ways:

1. For any unlawful purpose
2. To solicit others to perform or participate in any unlawful acts
3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
6. To submit false or misleading information
7. 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
8. To collect or track the personal information of others
9. To spam, phish, pharm, pretext, spider, crawl, or scrape
10. To modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Services or any content thereof
11. For any obscene or immoral purpose
12. 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.

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

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

11.3 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.

11.4 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.

11.5 In no case shall Chubby Group, 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.

You agree to indemnify, defend and hold harmless Chubby Group 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.

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.

14.1 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.

14.2 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).

15.1 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).

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

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

16.1 These terms and conditions shall be governed and construed in accordance with the laws of the State of Nevada for the time being in force. Notwithstanding the foregoing, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 16.

16.2 All claims and disputes (excluding an individual action properly brought in a small-claims court for a dispute within that court’s jurisdiction, and a request for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation, or violation of a party’s intellectual-property rights) 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.

16.3 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 OR 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.

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.

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