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Starbird Chicken Privacy Policy

Last Updated: 10/24/2022
Effective Date
: 10/24/2022

This Privacy Policy describes how Chicken Coup, LLC d/b/a Starbird Chicken (collectively, “we,” “us,” or “our”) collects, uses, shares, and protects personal information. This Privacy Policy also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.  You can jump to particular topics by going to the headings below:

Table of Contents

Click on the links below to jump to that section of the Policy.

Information We Collect

We collect information about you in a variety of ways depending on how you interact with us, such as:
·       Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, place an order, or contact us by phone, email, or otherwise. 
·       Automatically through the use of cookies, server logs, and other similar technologies when you interact with our websites, mobile applications, and emails. 
·       From other sources, including, for example, our franchisees, business partners, service providers, and other third parties, or from publicly available sources. 

The following provides examples of the type of information that we collect in a variety of contexts and how we use that information. 
Context
Types of Data
Primary Purpose for Collection
and Use of Data
Account Registration

We collect your name and contact information when you create an account. We may also collect your credit or debit card information to keep on file for easy checkout. We also collect information relating to the actions that you perform while logged into your account.

We use this information to provide account-related functionalities to our customers. Accounts can be used for easy checkout and to save your preferences and transaction history. 

Cookies and First-Party Tracking

We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. 

We use this information to ensure that our website operates efficiently. 

Cookies and Third-Party Tracking

We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests.  That third party might also collect information over time and across different websites in order to serve advertisements on our website or other websites. See our Cookie Preference Center for more information.

We use these cookies to better understand how customers use and interact with our site.

Demographic Information

We may collect certain demographic information such as age and gender. 

We use demographic information to better understand our users and provide tailored services. In some contexts our collection and use of this information is based on your consent.

Distance Information

When you use one of our Apps we may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from one of our restaurants. 

We use distance information to better understand our users and provide tailored services. In some contexts our use is based upon your consent to provide us with geolocation information.

Email Interconnectivity

If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.

We use email interconnectivity information to understand how you interact with our communications to you.

Feedback/Support

If you provide us feedback or contact us for support we will collect your name and email address, as well as any other content that you send to us, in order to reply.

We use feedback/support information to receive, and act upon, your feedback or issues.

Email Interconnectivity

If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.

If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.

Job Applicants

If you apply for a job posting, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your ethnicity and previous work history. 

We use information about job applicants to process candidacy and make hiring decisions. We also use this information to ensure efficient staffing and work force operations.

Mailing List

When you sign up for one of our mailing lists we collect your email address or postal address.  

We use mailing list information to share information about our products or services.

Mobile Devices

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

We use mobile device information to identify unique visitors, and to understand how users interact with us on their mobile devices.

Order Placement

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

Partner Promotion

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

Surveys

When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.

We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our restaurants.

Sweepstakes or contests

When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.

We use this information to operate our sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes.

Website interactions

We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.

We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also use this information to detect and prevent fraud.

Web logs

We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.

We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our products is the most popular.

How We Use Information

In addition to the purposes and uses described above, we use information in the following ways: 
·                To identify you when you visit our websites or our restaurants. 
·                To fulfill your orders.
·                To improve our services and product offerings.
·                To streamline the checkout process.
·                To conduct analytics.
·                To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback. 
·                To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
·                To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violations of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
·                To debug, identify and repair errors that impair existing intended functionality of our website and mobile app.
·                To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
·                For internal administrative purposes, as well as to manage our relationships.
·                For such other purposes as you may consent (from time to time).

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information to maintain your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, and/or our obligations under law.

To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

How We Share Information

In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose personal information in the following situations: 
·                Franchisees. We may share information with our franchisees.
·                Acquisitions. If another company acquires, or plans to acquire, our company, business, or our assets, we will share information with that company, including at the negotiation stage. 
·                Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
·                Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
·                Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy. 
·                Service Providers. We share your information with service providers. Among other things service providers help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
·                Thanx Inc. When you upload your personal information to our mobile application, we will share all such information with our loyalty program and app provider, Thanx Inc. Thanx Inc. will use this information to allow you to participate in Starbird Chicken’s loyalty program. Providing your personal information to Thanx is necessary in order to use our mobile app and join our loyalty program. 

We do not “sell” and/or “share” your data (as those terms are defined by California law).

Your Choices

Some jurisdictions give you a right to make the following choices regarding your personal information:
·                Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format. 
·                Changes To Your Personal Information. We rely on you to update and correct your personal information. Our websites and mobile app allow you to modify or delete your account profile. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law. ·                Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purposes. 
·                Online Tracking. We do not currently recognize the “Do Not Track” signal. 
·                Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications. 
·                Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”

Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting Requests

You may exercise the rights described above by filling out the CCPA Declaration Form below or contacting us as indicated in the “Contact Information” section below. 

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you are able to act on another person’s behalf.

If you disagree with how we handled a request, you may appeal our decision by emailing us with the subject line “Appeal.” 

How We Protect and Retain Information

No method of transmission over the internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

We retain your personal information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law.To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.

Third-Party Applications/Websites

For your convenience, we may provide links to websites and other third-party content or services that we do not own or operate. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices websites, or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about such third party’s privacy practices.

Changes To This Privacy Policy

We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

Children

Our websites, mobiles applications, and online services are not intended for children under the age of 13 and we do not knowingly collect personal information from children under age 13, without parental consent. Children under the age of 13 should not provide their personal information to us.

California Specific Disclosures

California law requires us to disclose the following additional information related to our privacy practices. The following privacy disclosures apply to California residents in addition to the rest of the Privacy Policy.
·       California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or franchisees for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Information section below. 
·       California Notice of Financial Incentive. We offer a program that provides certain perks, such as rewards, discounts, and exclusive offers (the “Rewards Program”). When you sign up for the Rewards Program, we will ask you to provide your name, email address, and other information. Under California law, our Rewards Program might be interpreted as “financial incentive” programs as it involves the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the free or discounted products or services that you obtain when you redeem rewards. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in the Rewards Programs at any time by using the Request Account Removal option when signed into your Rewards Account page. Visit the <<https://app.thanx.com/terms/starbird> to view full program rules, including how to join.
·       Notice of Collection. The table below describes the categories of personal information we collect and disclose for a business purpose. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. For details regarding how we use personal information, please see the Information We Collect section of the Privacy Policy. For information regarding how long we retain personal information, please refer to the How We Protect and Retain Information section of the Privacy Policy.

Category of Personal Information
Disclosures for a Business Purpose

Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.

·   Franchisees
·   Business partners
·   Data analytics providers
·   Internet service providers
·   Joint marketing partners 
·   Operating systems and platforms
·   Other Service Providers
·   Payment processors and financial institutions 
·   Professional services organizations, this may include auditors and law firms
·   Social networks

Financial Information – this may include bank account number, credit card number, debit card number, and other financial information.

·   Payment processors and financial institutions 
·   Professional services organizations, this may include auditors and law firms
·   Other Service Providers

Characteristics of protected classifications – this may include age, ethnicity, and gender.

·   Franchisees
·   Business partners
·   Joint marketing partners (excluding ethnicity data)
·   Professional services organizations, this may include auditors and law firms
·   Other Service Providers 

Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

·   Franchisees
·   Business partners
·   Data analytics providers
·   Joint marketing partners 
·   Payment processors and financial institutions·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms
·   Social networks

Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.

·   Data analytics providers
·   Internet service providers
·   Operating systems and platforms
·   Joint marketing partners 
·   Operating systems and platforms
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms
·   Social networks

Geolocation data 

·   Data analytics providers
·   Internet service providers
·   Operating systems and platforms
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms·   Social networks

Audio, electronic, visual, thermal, olfactory, or similar information

·   Business partners
·   Data analytics providers
·   Joint marketing partners 
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms

Professional or employment-related information

·   Business partners
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms

Non-public education information (as defined in the Family Educational Rights and Privacy Act)

·   Business partners
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms

Inferences drawn from any of the information listed above

·   Data analytics providers
·   Internet service providers
·   Joint marketing partners 
·   Other Service Providers
·   Professional services organizations, this may include auditors and law firms
·   Social networks

Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature.

·   Payment processors and financial institutions 
·   Professional services organizations, this may include auditors and law firms
·   Other Service Providers

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Policy in an alternative format due to having a disability, please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information. 

help@starbirdchicken.com
Starbird Chicken
75 Oak Grove Street
San Francisco, CA 94107
415-728-9008

CCPA

Privacy Notice for California Residents

Last Updated: 10/09/2020

Introduction

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Company Name, LLC and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, please do not register on the Website, make any purchases through the Website or send any information about yourself to us, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at the Contact Information provided at the end of this Privacy Policy.
  • A. Identifiers.
    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. (YES)
  • B. Personal information categories listed in the California Customer
    Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. (YES)
  • C. Protected classification characteristics under California or federal law.
    Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). (NO)
  • D. Commercial information.
    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. (YES)
  • E. Biometric information.
    Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. (NO)
  • F. Internet or other similar network activity.
    Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. (YES)
  • G. Geolocation data.
    Physical location or movements. (NO)
  • H. Sensory data.
    Audio, electronic, visual, thermal, olfactory, or similar information. (NO)
  • I. Professional or employment-related information.
    Current or past job history or performance evaluations. (NO)
  • J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. (NO)
  • K. Inferences drawn from other personal information.
    Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (NO)

Personal information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA's scope, like:
health or medical information covered by the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) and the California
Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws,
including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley
Act (GLBA) or California Financial Information Privacy Act (FIPA), and
the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the
following categories of sources:
  • Directly from our clients or their agents.
  • Indirectly from our clients or their agents.
  • Directly and indirectly from activity on our website (www.starbirdchicken.com). For example, from submissions through our website portal or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or
more of the following business purposes:
  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information, products or services that you request
    from us.
  • To provide you with email alerts, event registrations and other notices
    concerning our products or services, or events or news, that may be of
    interest to you.
  • To carry out our obligations and enforce our rights arising from any
    contracts entered into between you and us, including for billing and
    collections.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of
    us, our clients or others.
  • To respond to law enforcement requests and as required by applicable
    law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as
    otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring,
    reorganization, dissolution, or other sale or transfer of some or all of
    our assets, whether as a going concern or as part of bankruptcy,
    liquidation, or similar proceeding, in which personal information held by
    us is among the assets transferred.
  • We will not collect additional categories of personal information or use
    the personal information we collected for materially different, unrelated,
    or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
  • Category A: Identifiers.
  • Category B: California Customer Records personal information
    categories.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties: Our affiliates. Service providers. Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you. In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected
about you.
Our business or commercial purpose for collecting or selling
that personal information.
The categories of third parties with whom we
share that personal information.
The specific pieces of personal
information we collected about you (also called a data portability
request).
If we sold or disclosed your personal information for a
business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each
category of recipient purchased; and disclosures for a business
purpose, identifying the personal information categories that each
category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described
above, please submit a verifiable consumer request to us through
contact form:

CCPA Declaration Form

The following CCPA requests require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of this request.

Right to Know – Specific Pieces of Personal Information
Deletion Request

Please complete the below declaration as required to send to us via email or download a pdf form to mail at the applicable address provided so that we may fulfill your request made pursuant to CCPA.

I acknowledge that I am a California resident and the person making the request noted above, under the California Consumer Privacy Act. I acknowledge that I am making this request in good faith on behalf of myself.

I CERTIFY AND DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT AND THAT I AM THE CONSUMER WHOSE PERSONAL INFORMATION IS THE SUBJECT OF THE REQUEST.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For details on information collected by Facebook Pixel, please refer to Facebook’s Data Policy and contact Facebook through Facebook’s CCPA Inquiry form.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including
through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or
services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Mailing Address:
Starbird Chicken
75 Oak Grove Street
San Francisco, CA 94107

Terms of Use

Last Updated: 10/24/2022
Effective Date
: 10/24/2022

These Terms of Use (the “Terms” or the “Agreement”) are provided by Chicken Coup, LLC and its affiliates (collectively, “Starbird”, “we”, “us”, or “our”). The Terms apply to your access to, and use of the websites (including but not limited to https://www.starbirdchicken.com/), mobile application, online services where these Terms and Conditions of Use are posted or linked to and our Reward Program (as defined below) (collectively, the “Starbird Services”). 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE STARBIRD SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE.

CONTINUED ACCESS AND USE OF THE STARBIRD SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

Table of Contents

Click on the links below to jump to that section of the Agreement.

Scope & Eligibility

These Terms form a legal and binding agreement between you and Starbird. By continuing to use the Starbird Services, you agree that such use is legally sufficient consideration under these Terms.The Starbird Services are intended for use by persons aged 13 or older, and by your use of the Starbird Services you affirm that you are at least 13 years of age. If you are under the age of 18, you are only permitted to use the Starbird Services with the consent of your parents or an adult guardian. Certain Starbird Services or sections of the Starbird Services, as well as promotions, programs and commerce we may offer on the Starbird Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Starbird Services or certain sections or features of the Starbird Services, you should not attempt to do so.

Accounts

The Starbird Services may allow you to register for an account (“Account”). In general, you are not obligated to register for an Account in order to access the Starbird Services. However, certain sections and features of the Starbird Services are available only to users who have registered for an Account (e.g., online ordering, tracking participation in our Loyalty Program). If you establish an account, it will be accessible upon input of an authorized email address/username and, if applicable, a designated password. We may reject, and you may not use, an email address to set up an Account for any reason in our sole discretion. For example, we may reject an Account registered under an email address that is already being used by someone else, that may be construed as impersonating another person or that belongs to another person. You may only have one active Account on the Starbird Services at any given time and you may not allow other people to use your Account to access the Starbird Services or participate in the Loyalty Program. Your Account is non-transferable to a third party.  

You understand and agree that you must accurately maintain and update any information about yourself that you have provided to us in connection with the registration of your Account. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your Account access credentials and restricting access to your computer or mobile device so others may not access the Starbird Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Account or any other breach of security that you become aware of involving or relating to the Starbird Services by contacting us as soon as possible.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Loyalty Program

As part of the Starbird Services, Starbird offers a loyalty rewards and customer engagement program (the “Loyalty Program”) The Loyalty Program is owned and operated on our behalf by Thanx Inc. (“Thanx”), a third-party service provider and business partner of Starbird. Thanx is a third-party beneficiary of the Terms contained in this section. When you agree to these Terms, both Starbird and Thanx will have the right to enforce the Terms of this section against you, separately or jointly. In its capacity as our service provider, Thanx also collects information from users of the Service on our behalf. Please refer to the Thanx Privacy Policy located here for information on how it collects, uses and discloses information from users of the Service.  

By accessing, signing up for or using the Loyalty Program, you agree to be bound by the terms in this section. Certain Reward Opportunities (defined below) that are part of our Loyalty Program may be governed by additional terms and conditions which are incorporated herein by reference. If there is a conflict between these Terms and the terms and conditions for a particular Reward Opportunity, these Terms will apply. 

Loyalty Program Eligibility: In order to participate in our Loyalty Program and to be eligible to redeem Rewards (as defined below), you must:
- Be an individual person at least 18 years of age;
- Register for an Account in accordance with the terms of this Agreement;
- Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence; and
- Not be a person barred from participating in the Loyalty Program under the laws of the United States or other applicable jurisdiction. 

The Loyalty Program is subject to all applicable laws and regulations and is VOID WHERE PROHIBITED

Overview: Our Loyalty Program provides a personalized reward experience for eligible consumers and includes loyalty rewards and offers, discounts, experiences, targeted promotions and general information (“Reward Opportunities”) via email, mobile device notifications and other channels. The means by which you can earn promotional rewards offered by us may include (i) a digital “punch card” experience, whereby you purchase a specified number of qualifying products or services or participate in specified activities; (ii) opportunities to earn points that may be redeemed for rewards (“Points”); and (iii) other similar experiences where eligible spending or activity will earn you rewards (collectively, “Rewards”). . Our Loyalty Program may offer additional Opportunities to you, based on your account settings and account history. At any point in time, you can opt-out of receiving additional information regarding Reward Opportunities through your account settings within the Services or as otherwise set forth in these Terms. 

At the time we make a Reward Opportunity available to you, we may provide Reward Opportunity specific terms (“Reward Opportunity Terms”) which may include details related to (i) what actions may be required to earn Rewards; (ii) what Rewards are available to you if you complete the actions required by the Reward Opportunity; (iii) expiration details relating to either Reward Progress, or ability to redeem Rewards, as applicable; and (iv) how you can redeem your Rewards. Reward Opportunity Terms for our current Reward Opportunities may be viewable on our web or mobile interface, including where you locate your Rewards. 

Reward Progress: To participate in our Loyalty Program, you must (i) link one or multiple payment cards with your account (“Linked Cards”) and (ii) make eligible purchases (as described in the “Important Notes About Your Cards and Transactions” section below) with your Linked Cards to earn progress and rewards (“Qualifying Purchases”). Qualifying Purchases will help you progress toward earning rewards from us, (“Reward Progress”) and reaching the designated threshold (a “Reward Threshold”) indicated in the applicable Reward Opportunity Terms. When you reach a Reward Threshold, you will have access to the Rewards that we offer which can be redeemed automatically to your Linked Card or by showing us the reward on your next visit to one of our participating locations, as applicable. 

By participating in the Loyalty Program, you agree that your Reward Progress: 
·       Is not equivalent to cash, does not represent a claim on any cash or other property, and is not redeemable for cash; 
·       May be forfeited if you violate these Terms or any additional terms or conditions applicable to Reward Progress for a specific Reward Opportunity (e.g., if a Qualifying Action must occur within a certain timeframe), provided that any such terms will be communicated with the Reward Opportunity, as applicable; 
·       Is not transferrable to any third party; and
·       Cannot be redeemed or used other than with Starbird, including Starbird's affiliates to the extent expressly permitted. 

You are responsible for ensuring your Reward Progress earned from Qualifying Purchases are properly credited to your account. It may take up to 7 days after a Qualifying Action is made for your Reward Progress or Reward to be viewable via your account. You should email support@thanx.com if it has been more than 7 days and the Reward Progress has not been applied to your account. You may be asked to provide additional, supporting information, as required, to facilitate a request to update your Reward Progress. Requests received after 21 days of a Qualifying Action may not be eligible to be credited to your account. We are not responsible for investigating any Reward or Reward Progress request if you have not notified us within 21 days of the Qualifying Action. Your Rewards can also be reversed if any of the items you purchased in connection with a Qualifying Action are subsequently returned. We may also, at our discretion, delay any Reward or Reward Progress in order to validate or verify a Qualifying Action. Any attempt to earn Rewards through the purchase and return of merchandise in connection with a Qualifying Action will be considered possible grounds for termination of your account. 

Expiration
: Rewards expiration will vary. You should review the Reward Opportunity Terms presented to you. Rewards will expire pursuant to the Reward Opportunity Terms or as otherwise set forth in the section of these Terms entitled Termination, Account Cancellation or Suspension. You can view and track your balance and available Rewards through your Account. 

Acknowledgements
: By participating in the Loyalty Program, you acknowledge and agree to the following:  
-
Your accumulation of, and the redemption of, Rewards is subject to your compliance with these Terms (including any terms and conditions provided when you are presented with a Reward Opportunity);
- We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical, printing, production, distribution or similar errors, potential fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account with notice if we determine in our sole discretion that such Rewards were improperly credited to your account;
- The Reward Opportunities, Reward Progress and Rewards are intended for personal use only. Commercial use is prohibited.
- Your use of the Starbird Services and your activities in connection with the Starbird Services must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using the Starbird Services;
- Neither Starbird nor our service providers are responsible or liable for any unredeemed, unused or lost Rewards or Reward Opportunities;
- Reward Progress and Rewards are not gift cards or gift certificates and do not constitute property, do not entitle you to a vested right or interest and have no cash value. Therefore, Points and Rewards are not redeemable for cash, transferable, salable or assignable for any reason. No cash will be exchanged for the unused portion of any member's Rewards;
- Unless otherwise expressly permitted, your redemption of Rewards in connection with the Loyalty Program cannot be combined with any other offers or discounts;
- Starbird reserves the right to change, modify, discontinue or cancel the Loyalty Program or any Reward Opportunity, at any time and in our sole discretion, without notice to you; andYou are solely responsible for use of the Starbird Services and your Rewards. 

Important Notes About Your Cards and Transactions
: By registering for our Loyalty Program and linking a payment card (“Linked Card”), you agree that the payment card network (e.g., AMEX, MasterCard or Visa) on which your payment card is issued may examine transactions (including returns) on your Linked Card to identify Qualifying Purchases and share transaction data with us and Thanx as set forth in the Privacy Policy for the purposes of determining whether a transaction is a Qualifying Purchase, determining your Rewards Progress and when you have reached a Rewards Threshold, providing you with Rewards and notifying you about the status of your Qualifying Purchases, Rewards Progress, Rewards Thresholds and Rewards. 

Not all payment cards are eligible for use in connection with our Loyalty Program. For example, corporate purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are not eligible. 

In addition, not all of our locations may participate in our Loyalty Program and not all transactions with your Linked Card may be eligible for our Loyalty Program, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay, and other transactions not processed through the payment network’s own system. 

Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to count toward your Reward Progress. 

Termination, Account Cancellation or Suspension: You may terminate your participation in our Loyalty Program at any time through the settings in your Account (which will delete your Account) or by sending an email to Thanx at support@thanx.com. Our Loyalty Program will continue until terminated at our sole discretion. We may terminate, modify, or suspend the Loyalty Program as well as your access to and use of the Starbird Services and your Account, at our sole discretion, at any time for any reason. Reasons for such a termination, modification or suspension include without limitation (1) you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (2) we believe it is required to do so by law (for example, where the provision of the Starbird Services or Loyalty Program to you is, or becomes, unlawful); or (3) for any other reason in our discretion upon our provision of notice to you. If your account is terminated for cause pursuant to this section, you may not later re-enroll in the Starbird Services. 

Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your Account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Loyalty Program to you or access to any of your Account information. We will not be liable to you or to any third party for the suspension or termination of the Loyalty Program, your Account or your access to or use of the Starbird Services. Upon any termination, discontinuation or cancellation of the Loyalty Program, your account or your access to or use of the Starbird Services, all provisions of the terms in this Loyalty Program Section which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. 

Loyalty Program Limitation of Liability: IF YOU PROVE THAT STARBIRD HAS IMPROPERLY DENIED YOU ANY REWARD (“REWARD DISPUTE”) AND STARBIRD PROVIDES YOU WITH SUCH REWARD OR A COMPARABLE SUBSTITUTE, THEN SUCH REWARD BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE REWARD DISPUTE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARBIRD OR OUR SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE LOYALTY PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARBIRD AND OUR SERVICE PROVIDERS (INCLUDING THANX, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification:
You agree to indemnify, defend and hold Starbird, its licensors, its current or future affiliated companies, its service providers (including payment card networks, payment processors) and Thanx, its licensors, and any of its current or future affiliated companies and its service providers (including payment card networks and payment processors) and each of their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (1) any violation or breach of this Loyalty Program section by you, (2) any activity related to access to or use of your Account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities and participation in the Loyalty Program. 

Release:
You hereby release us, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including AXP and any other payment card networks and Thanx) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes or your use of the Loyalty Program through the Starbird Services. As used herein “AXP” means American Express Travel Related Services Company, Inc. AXP provides certain AXP crediting services to Thanx and AXP is a third party beneficiary of the foregoing release. 

Role of Thanx: Descriptions of the offers advertised on the Starbird Services are provided by Starbird or other referenced third parties. While we partner with Thanx to enable us to deliver the Loyalty Program to you, Thanx does not provide any Reward Opportunities or Rewards to you, and all Rewards are provided by and redeemable only with Starbird. Thanx is not responsible for the Rewards or the terms under which Rewards are made available. For avoidance of doubt, Thanx is not responsible for any claims associated with the description of the Reward Opportunities, communications to you about Reward Opportunities or the Loyalty Program, Rewards or products or services offered by Starbird (collectively “Starbird Offerings”). Pricing relating to certain Starbird Offerings and other available programs on the Starbird Services may change at any time in Starbird's sole discretion without notice. 

Online Ordering

The Starbird Services may feature the ability to place an order for pickup, delivery or catering through a Starbird restaurant (“Orders”). The following terms apply to Orders. 

Pricing or Other Information Errors:  Although Starbird strives at all times to maintain the accuracy of information maintained on the Starbird Services, including pricing information and product details, occasionally pricing or other information errors may occur. In the event that any Starbird product that is available through the Starbird Services is mistakenly listed at an incorrect price or with other incorrect information, Starbird reserves the right to refuse or cancel the order. In addition to the right to refuse or cancel the order, if order was placed through the Starbird Services for pickup or catering at a Starbird restaurant, Starbird reserves the right to charge you the correct price when you come to pick up your order.Payment and Billing: You acknowledge and agree that for each order you place through the Starbird Services, the full cost of products you order (for which prices are subject to change without notice) will be assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for Starbird to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products. Starbird will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Starbird Services.

Taxes: If we are legally required to collect sales tax on products in your Order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us at help@starbirdchicken.com for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Abandoned Orders: If you place an order for pickup at or catering by a Starbird restaurant through the Starbird Services and fail to pick your order up, Starbird reserves the right to charge you the amount due including by charging your credit card, if applicable. 

Promo Codes and Discounts: You may be able to view, access or redeem promo codes, discounts, coupon codes and offers through the Starbird Services which provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. You may have no right to discounts, coupons or offers that are expired or discontinued even if they remain visible on the Starbird Services.

Third Party Ordering and Delivery Partners
: Some Orders may be placed with or fulfilled by our third party ordering and delivery partners (e.g., DoorDash®). If you place an Order with a third party delivery partner, you understand that you are leaving the Starbird Services to do so and will be subject to the terms and conditions and privacy policy published by such third party ordering and delivery partner. For more information about third parties, see the Third Party Content and Links section below. 

WiFi Access

We may provide access to WiFi connections or similar network connections to you (“WiFi”). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. 

Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY OR SECURITY OF WIFI.

Text Message Marketing 

BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY

You may be able to sign up to a text message marketing campaign from the Starbird Services or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs send automated reoccurring texts. Neither Starbird nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, contact us. Our Privacy Policy applies to text message marketing programs.  

Mobile App 

Starbird offers a mobile application that can be downloaded to your phone, tablet or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE. 

Limited License: Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Mobile App on a mobile device or computer that you own or control and to run such copy of the Mobile App solely for your own personal non-commercial purposes. You may not copy the Mobile App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Mobile App; (ii) distribute, transfer, sublicense, lease, lend or rent the Mobile App to any third party; (iii) reverse engineer, decompile or disassemble the Mobile App; or (iv) make the functionality of the Mobile App available to multiple users through any means. All rights in and to the Mobile App not expressly granted to you under these Terms are reserved. 

General Mobile App Terms: You acknowledge that this Agreement and your use of a Mobile App is between you and Starbird only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with the you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.  

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY. 

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 

Alerts and Notifications
: As part of the Starbird Services we provide, you may (if enabled) receive push notifications, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Starbird Services (with the exception of service announcements and administrative messages). Please be aware that third party messaging fees may occur for some types of Push Messages depending on the service plan you have with your wireless carrier.

Our Intellectual Property Rights

The Starbird Services are protected by copyright, trademark, and other laws of the United States and foreign countries. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Starbird Services (the “Content”) are protected intellectual property of, or used with permission or under license by, our Starbird. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. Starbird and its licensors exclusively own all right, title and interest in and to the Starbird Services and any Content, including all associated intellectual property rights. You do not acquire any right, title or interest in any Content by accessing or using the Starbird Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Starbird Services, except as expressly permitted in these Terms. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Starbird Services is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Starbird Services and their Content for personal purposes. No Content from the Starbird Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Starbird Services. To use Content under such an exception, you must (1) keep any copyright, trademark or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Starbird Services or the Content.

User Content

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on the Starbird Services, upload to us, or transmit through the Starbird Services (“User Content”). You agree, represent and warrant that any User Content you post on the Starbird Services or transmit through the Starbird Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Starbird Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Any feedback, comments and suggestions you may provide for improvements to the Service or Loyalty Program (“Feedback”) is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation and we and our service providers will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. By sending any Feedback or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. 

User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use User Content in any and all media and for advertising or promotional purposes. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

DMCA

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on the Starbird Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

1.     A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
2.     The URL or other specific location on the Starbird Services that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
3.     Your name, mailing address, telephone number and email address;
4.     The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
5.     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
6.     A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalfDesignated Agent: Casey Hilder
Email: help@starbirdchicken.com
Address: 75 Oak Grove Street, San Francisco CA 94107
Phone: [415-728-9008

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material. 

Descriptions 

Descriptions and graphic representations of products on Starbird Services are for informational purposes only and may not completely reflect the current product or packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on the Starbird Services.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY DESCRIPTION OR OPINION POSTED ON THE STARBIRD SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

Third Party Content and Links

Any information, statements, opinions or other information provided by third parties and made available on our Starbird Services are those of the respective author(s) and not Starbird. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party content on the Starbird Services. 

We may provide on the Starbird Services, solely as a convenience to users, links to website, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Starbird Services. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Starbird Services or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media website, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Starbird Services, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITE, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH STARBIRD SERVICES AND RESOURCES.

Downloads

Starbird Services may allow you to download certain Content, applications, software and other information or materials. Starbird makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Starbird or a third party.

Termination 

The Starbird Services and this Agreement are in effect until terminated by you or by Starbird. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Starbird Services, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. For more information about how to terminate your participation in our Loyalty Program, see the Loyalty Program Section above.  

In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Starbird Services or any of its features at any time with or without notice and with or without cause, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230. 

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination. Upon any such termination, (i) you must destroy all Content obtained from the Starbird Services and all copies thereof; (ii) you will immediately cease all use of and access to the Starbird Services; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your User Account at any time. Termination of this Agreement will end your participation in any Loyalty Program and forfeit any benefits you have accrued thereunder. You agree that if your use of the Starbird Services is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Starbird Services after termination will be a violation of this Section, which survives any termination.  

Even after the termination of this Agreement or of your Account or access to the Starbird Services, any User Content you have posted or submitted may remain on the Starbird Services indefinitely

Disclaimer of Warranty 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE STARBIRD SERVICES OR ANY OTHER WEBSITE OR SERVICE LINKED TO OR FROM THE STARBIRD SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE LOYALTY PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE STARBIRD SERVICES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE STARBIRD SERVICES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability 

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS (INCLUDING, BUT NOT LIMITED TO PAYMENT CARD NETWORKS AND THANX) AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE STARBIRD SERVICES OR LOYALTY PROGRAM, THE STARBIRD SERVICES’ CONTENT OR EXTERNAL LINKS, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnification 

In addition to any other indemnifications described herein, you agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including, without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Starbird Services; or (iii) the Content or other information you provide to us through the Starbird Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Starbird Services, or the Privacy Policy , or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in San Francisco, California before one arbitrator or submitted to small claims court in San Francisco County, California. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. 

No Class Actions:
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  

Seeking Arbitration:
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 75 Oak Grove Street, San Francisco, CA, 94107. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees. 

Hearing:
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. 

Award:
In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater. 

Injunctive Relief:
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. 

Confidentiality:
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. 

Coordinated Proceedings
: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Starbird shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Starbird. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling. 

Governing Law and Rules:
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement. 

Severance of Arbitration Agreement.
If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance. 

Special Terms for Users in Certain Jurisdictions

The following terms apply to users who are residents of or are located in certain jurisdictions: 

California: If you are a California resident, you agree to consciously waive all claims in connection with the Starbird Services, both known and unknown that may be later discovered, to the maximum extent permitted by law, including, but not limited to, that permitted by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

New Jersey
: If you are a resident of New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under the Disputes, Arbitration and Class Action Waiver section, the arbitration agreement, the class action waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

Export Control

You may not use, export, import, or transfer the Starbird Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Starbird Services, and any other applicable laws. In particular, but without limitation, the Starbird Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Starbird Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Starbird Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Starbird are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Starbird products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 
When you use the Starbird Services or send communications to us through the Starbird Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Starbird Services. We may communicate with you by email or by posting notices on the Starbird Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, registering for our Loyalty Program, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable. 

Other Policies 

This Agreement applies exclusively to your access to, and use of, the Starbird Services and Rewards Programs and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Starbird Service and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:
·       Contest and sweepstake rules
·       Gift card terms and conditions
·       Privacy policies
·       Franchisee or employment agreements  

Other policies and agreements are typically found by navigating the Starbird Services, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons or other promotions made available through the Starbird Services may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you or enter into a franchise relationship with you, none of the materials provided on the Starbird Services constitute or should be considered part or of an employment contract, an offer for employment, a franchise agreement or an offer to do business in a franchising capacity. 

Updates to the Agreement 

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Starbird Services. Your continued use of the Starbird Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Starbird Services, an email to the address we have on file, or a message in your Account. 

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Accessibility

We are committed to making the Starbird Services accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature or functionality of the Starbird Services, or you would like to learn more about our accessibility-related efforts, please contact us.

Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of the Starbird Services, please contact us through this online form or by writing us at 75 Oak Grove Street, San Francisco, CA, 94107. 

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Starbird Chicken
1241 W El Camino Real Sunnyvale, CA 94086
Phone: