Terms of Use

Please read these Terms of Use of www.shoneys.com , www.shoneysfranchise.com , www.shoneysinternational.com, www.shoneyscatering.com, www.shoneys5k.com and any other sites (collectively the “Sites”) or mobile apps (“Apps”)  (the “Sites” and the “Apps” are sometimes referred to herein individually and collectively as the “Sites,” the “Apps,” “Sites and Apps” or “Sites or Apps”) operated by Best American Hospitality Corp. on behalf of Shoney’s North America, LLC (collectively, “Shoney’s) carefully before using the Sites. These Terms of Use may be modified at any time and are effective immediately upon posting to the Sites. By using the Sites, you agree to the then-current terms of use. If you do not agree with any of the terms of use, do not use the Sites.

For additional Terms of Use of Shoney’s® Rewards Program.

These Terms of Use also contain an End User License Agreement that covers your use of all software published by Shoney’s, for use on mobile devices, tablets, personal computers and other devices, as well as all related elements including, but not limited to updates and upgrades, manuals, online materials, files and documentation of any kind (collectively, the “Apps”). Be sure to read the following before using the Apps. By installing, accessing and using the Apps, you are hereby agreeing to be legally bound by these provisions. If you do not agree to the following, do not download or use the Apps and remove all copies from your devices.

• TRADEMARK INFORMATION. Shoney’s, Shoney’s logo, Shoney’s Pole Sign logo (rectangular sign with four concave-cut corners), Shoney’s On The Go, Shoney’s On the Go logo, Shoney Bear, Shoney Bear Logo, Shoney’s Catering logo, Let’s Eat!, Slim Jim, All American Burger, Christy’s Apple Crisp, and other marks designated by Shoney’s North America, LLC with ®, TM, or SM are federally registered, or are properly claimed or filed in specific States, and are trademarks and service marks of Shoney’s North America, LLC. All other trademarks which may appear in the Sites or in the Apps are the property of the respective trademark owners. Unauthorized use of any of these registered marks, logos, pictures, designs, names, or phrases is prohibited by law.
• END USER LICENSE AND RESTRICTIONS ON USE OF THE MOBILE APPS. Shoney’s grants you a personal, non-exclusive, non-assignable and non-transferable license, without the right of sublicense, to use and display, for noncommercial and personal use only, the Shoney’s® Mobile Apps (the “Apps”), which you may download on to any single computer and any associated smartphones, tablets and other related devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacturer, “app store” provider or platform operator (e.g., Apple, Google, Microsoft, Amazon, Barnes & Noble, etc.). The rights granted hereunder are subject to your compliance with the terms and conditions of this Agreement. Shoney’s retains all rights not expressly granted hereunder.  You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, circulate, or in any way transfer or assign the Apps or any part thereof (including, without limitation, building databases of content contained in the Apps), to any third party (including, without limitation, the display and distribution of the Apps via a third party website) without the express prior written consent of Shoney’s. You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the Apps, except to the extent permitted by applicable law. You may not rent, lease, sell or sublicense the Apps. You may not copy the Apps other than as specified herein. You may not make the Apps available over a network which allows multiple users or devices to access the Apps at once. You may not remove any proprietary notices or labels on the Apps. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.  Material from the Sites may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Shoney’s. However, visitors may print or download one copy of material on our Sites on one computer for personal, non-commercial, home or educational use, if the material is provided on the Sites for the purpose of printing or downloading for such use, such as Menus or the Coloring Book. If you print or download our information, you may not delete or change any copyright, trademark, or other notices. You may not distribute the printed or downloaded material. If you modify or use our materials for any other purpose, you will violate the intellectual property rights owned by Shoney’s. Printed or downloaded information from the Sites, including any software, text files, audio files, and images contained in or generated by the Sites, and all the accompanying data, is licensed to you by Shoney’s non-exclusively without the right to sublicense for the limited purposes described herein and subject to the restrictions on use described herein; however, full title and all intellectual property rights remain at all times in Shoney’s. Prior written consent must be obtained for any commercial use or any use involving further publication or distribution of information provided on the Sites. Any evidence of possible use of the Sites for inappropriate or unlawful purposes will be provided to law enforcement authorities.  Materials on the Sites and in the Apps are made available to the public to provide information about Shoney’s and its affiliated and related companies, and its business operations. Best American Hospitality Corp. manages the Sites and Apps from its office at 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee, United States of America. We make no representation that these materials are appropriate or available for use in other locations. If you access the Sites or Apps from locations outside Nashville, you are responsible for compliance with applicable United States and local laws, and you represent and warrant that you are a lawful user of the Sites and/or Apps.  We may discontinue or alter the Sites or Apps at any time. The material on the Sites and Apps is provided to our visitors for lawful informational purposes only. Shoney’s intends the Sites’ and Apps’ information to be correct, but it may include factual or typographical errors, and omissions. The Sites and Apps contain links to external sites. Shoney’s is not liable for the content of linked external sites.
• USER GENERATED CONTENT. The Sites and Apps may allow you to create user-generated content, including but not limited to posts, photographs, images, screenshots, user generated artwork, or other material (the “Posts”). In exchange for use of the Sites and Apps, you hereby grant Shoney’s a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Posts including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon “moral rights,” “rights to privacy” and/or “rights to publicity” (as those terms are commonly understood) or any rights of attribution or integrity in connection with Posts submitted to us hereunder. This license grant, and the above waiver of any applicable moral, privacy or publicity rights, survives any termination of the End User License.   Posts do not necessarily reflect the views of Shoney’s. In no event shall Shoney’s assume or have any responsibility or liability for any Posts or for any claims, damages or losses resulting from their use and/or appearance on the Sites or the Apps or the views or opinions expressed by third parties. You hereby represent and warrant that you have all necessary rights in and to all Posts you provide and all information they contain and that such Posts shall not infringe any proprietary or other rights of third parties or contain any defamatory, tortious, or otherwise unlawful information. Shoney’s reserves the right to refuse to post, edit, or delete Posts that violate its rules, as well as revoke the privileges of users who do not comply with such rules. Shoney’s does not allow Posts which contain: private or personal information which might identify an individual; profanity or obscenities; personal attacks on other individuals; defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Shoney’s deems in its sole discretion to be inappropriate for this Site; and information intended to promote and/or generate revenue for any third party business activity.   Shoney’s may remove Posts from its galleries, chatrooms and/or message boards periodically in its sole and absolute discretion.
• WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE CONTENT, INFORMATION AND MATERIALS IN THE SITES AND APPS AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHONEY’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEPENDING UPON APPLICABLE LAW, THE ABOVE DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. Shoney’s does not warrant that any information is accurate or that any functions contained in the Sites and Apps will operate without interruption or will be error free. Shoney’s does not warrant that defects will be corrected, or that the Sites, the Apps or the servers that make the Sites and Apps available are free of viruses or other harmful or erroneous software or data. Shoney’s is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Sites or the Apps. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of the Sites and Apps rests with you. You, not us, assume the entire cost of all necessary service or repair arising from or related to your use of the Sites or the Apps. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHONEY’S, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITES AND APPS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE SITES OR APPS WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SHONEY’S OR ANY THIRD PARTY. INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES OR THE APPS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SHONEY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND APPS. Notwithstanding the foregoing, in no event shall Shoney’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise, other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you, if any, for accessing and using the Sites and Apps. In all cases, the total liability of Shoney’s to you for all losses, damages, and all causes of action will not exceed the amount you paid to access the Sites or the Apps. Depending upon applicable law, the above limitation or exclusion for incidental or consequential damages may not apply to you.
• INDEMNIFICATION. You agree to indemnify, defend and hold harmless, Shoney’s, its parents, subsidiaries and its affiliates, and their respective officers, directors, members, managers, employees, agents, licensors, licensees and representatives from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use and End User License Agreement. Shoney’s reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Shoney’s in asserting any available defenses.
• REGISTRATION. You may create an account (also called a login) while using the Sites and Apps by providing personal information, including an email address and password, to use certain features of the Sites or the Apps. If you create an account, you agree to provide true and accurate information during the registration process and update it to maintain its accuracy. You may not impersonate another person or submit false information regarding your identity. You assume full and complete responsibility for the confidentiality and security of your account name and password. If you believe that the confidentiality and security of your account has been compromised, you are responsible to contact us at privacy@shoneys.com or by phone at (877) 377-2233, option 9. You agree to defend, indemnify and hold Shoney’s harmless from and against any and all damages and losses incurred by Shoney’s or any third party due to your failure to maintain the confidentiality and security of your account name and password and/or your breach of these terms of use. Shoney’s reserves the right to terminate any user account at any time, without prior notice given, based on a breach or suspected breach of these terms of use.Privacy Policy. Your privacy is important to us. Your use of the Sites and Apps is subject to the Shoney’s Privacy Policy, which describes Shoney’s information collection, storage and sharing practices. By using the Sites and installing the Apps, you consent to the Privacy Policy. Shoney’s Privacy Policy is incorporated herein by this reference and is located at www.shoneys.com/privacy
• DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. If you believe that any material on the Sites or the Apps infringes on your copyright (including any posts), you may file a notice of infringement with Shoney’s to request removal of the allegedly infringing material by providing a signed notice including the following information: (1) Descriptions of the copyrighted work you believe has been infringed upon and the material you believe to be infringing, both in sufficient detail for us to locate the material; (2) Your name, address, email address and telephone number; and (3) Statements that: (i) You have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law; (ii) The information in the notice is accurate; and (iii) Under penalty of perjury that you are the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.   Send the notice to Shoney’s Legal Department, 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee 37210 or to dmca@shoneys.com.
• COMMUNICATIONS TO US. You are free not to communicate with us, therefore, all Posts, content or other information communicated to Shoney’s through the Sites and Apps are voluntary and immediately upon submission to us, they will become forever our exclusive property. Shoney’s cannot, and will not treat any communications or submissions as confidential. Shoney’s will not be liable for use of any business or product ideas submitted by visitors to the Sites and Apps, and we cannot be liable for any similarities to those ideas that may appear at any time in Shoney’s® restaurant operations. Shoney’s will exclusively own all present and future rights everywhere to all submissions by visitors to the Sites and users of the Apps. We are entitled to use any submission for any purpose at any time, without compensation to the person who submitted it, or to any other person. By visiting the Sites and Apps and communicating with us, you acknowledge that you are responsible for all material you submit, and you have full responsibility for the meaning and content of your message, including its appropriateness, legality, originality, and copyright.
• CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES. Shoney’s provides rules and/or guidelines (“Official Rules”) for certain activities associated with the Sites and Apps including, without limitation, contests, sweepstakes and giveaways by Shoney’s and in conjunction with third parties. This Agreement is incorporated by reference to the specific Official Rules which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Use and End User License Agreement and specific Official Rules, the Official Rules for the activity in which you choose to participate shall govern.
• IN-APP PURCHASES OR PURCHASES FROM THE SITES. The Sites and Apps may permit you to make purchases from within the Sites or the Apps, either directly from Shoney’s or via a third party provider (e.g. the Apple App Store or Google Play) (each an “E-Commerce Service and collectively the “E-Commerce Services”). Additional terms may apply to your use and access of these E-Commerce Services, such as Paypal or the iTunes Terms of Use, and all such additional terms are incorporated herein by reference. Some of the E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Shoney’s does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider. Shoney’s does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Shoney’s and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
• TERM; TERMINATION. The term of the End User License Agreement for the Apps shall commence on the date that you install or otherwise use the Apps, and ends on the earlier date of either your removal of the Apps from your devices, or Shoney’s termination of this Agreement. Also, the license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must remove or destroy all copies of the Apps. The Terms of Use shall remain in effect so long as you are accessing the Sites. The Terms of Use provisions shall survive the termination of the End User License Agreement.
• GOVERNING LAW, CLASS ACTION WAIVER, TRIAL BY JURY WAIVER. These terms of use are governed by and should be interpreted pursuant to the laws of the State of Tennessee, United States of America, regardless of principles of conflicts of law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or Apps must be filed within one (1) year after such claim or cause of action arose or be forever barred. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SHONEY’S AND ITS AFFILIATES AND YOU WAIVE TRIAL BY JURY. You also agree, as a mandatory condition precedent to bringing any complaint, that you shall send a notice to legal@shoneys.com describing the complaint and requested remedy and grant us thirty (30) days to respond. You also agree to engage in good faith in pre-suit mediation at our expense in Nashville, Tennessee in the event that we are unable to resolve the dispute within sixty (60) days of your sending us the notice.DISPUTES TO BE RESOLVED THROUGH ARBITRATION AND PURSUANT TO TENNESSEE LAW. Except where prohibited by law, you agree that any action arising out of or relating in any way to the Sites or Apps shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held in Nashville, Tennessee. These Terms of Use are governed by and are to be construed in accordance with the laws of the State of Tennessee. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other terms and conditions governing the Sites or Apps, including those on the front and back of any Card. The arbitrator shall not have the power to award punitive damages against Shoney’s or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only your individual claims, and the arbitrator may not consolidate or join the claims of other persons who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. You also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (c) under no circumstances will you be permitted, and you hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum.
• MISCELLANEOUS. If any part of these terms of use is unlawful or unenforceable, that part may be severed from the remainder, and the validity and enforceability of all remaining provisions will not be affected or impaired thereby. Shoney’s products and services are available in many parts of the United States; however, the Sites and Apps may sometimes describe products and services which are not available in all areas or in a particular location. These terms and conditions are the entire agreement between each visitor and Shoney’s relating to the use of the Sites. No waiver of any provision in these terms of use shall be considered a continuing waiver of such provision or any other provision.

TERMS OF USE OF SHONEY’S® REWARDS

Shoney’s ® Rewards is a loyalty program where you can earn points and receive rewards, and is operated by Best American Hospitality Corp. on behalf of Shoney’s (“Shoney’s”). By signing up for Shoney’s® Rewards, using your Shoney’s® Rewards card (“Card”), and/or signing up and using Shoney’s ® Rewards on our website (www.Shoneys.com) or Shoney’s® mobile app, you agree to these Terms of Use, including agreeing to the arbitration clause set forth below, as follows:

ELIGIBILITY: Shoney’s® Rewards is only available to legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll (“Member”). Only one (1) account is allowed per Member. Shoney’s® restaurant employees are not eligible to participate in Shoney’s® Rewards. Friends and family members of Shoney’s® restaurant employees are eligible to participate, but cannot use Shoney’s® Rewards in conjunction with an employee discount.

• ENROLLMENT AND PRIVACY: In order to enroll as a Member of Shoney’s® Rewards Program, you must provide your name, telephone number, email address, a password, and date of birth. Shoney’s Privacy statement (www.shoneys.com/privacy) applies to these Terms of Use. Shoney’s® Rewards may contain links to other websites. Shoney’s does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website or mobile app, he/she does so at his/her own risk and is subject to the privacy policy, and terms of use of that website or mobile app.
• EARNING REWARDS: Members earn one “Point” for every $1 spent on purchases of food, non-alcoholic beverages or retail items at participating Shoney’s® restaurants and on its website and mobile app (excluding alcoholic beverages, taxes, gratuities and gift card purchases). Shoney’s, in its sole and absolute discretion, may also award Members additional “Rewards,” e.g., free food, discounts, etc., such as on a Member’s signing up or birthday.
• REDEMPTION: A Member can redeem 50 Points for $5.00 off any purchase of food, non-alcoholic beverages and retail items at any participating Shoney’s® restaurant. Points and Rewards may not be redeemed for purchases of gift cards or cash, may not be used to pay taxes, gratuity, or delivery charges, and may not be used in conjunction with any other discount, coupon or offer. Points earned for a purchase may not be redeemed for the same purchase. The first Free Hot Fudge Cake reward for signing up for Shoney’s® Rewards can be redeemed the same day as signup. Points and Rewards have no cash value. The availability of redemption is subject to change in Shoney’s sole and absolute discretion, and any change will be reflected in the updated Terms of Use, as contemplated herein. Member is responsible for periodically reviewing the Terms of Use for changes.
• EXPIRATION AND TERMINATION: Points do not expire unless the Shoney’s® Rewards Program is terminated. Rewards will expire as indicated on the email sent to the email address provided by you at signup, and if not specifically otherwise indicated, will expire in thirty (30) days. Shoney’s reserves the right in its sole discretion to terminate the Shoney’s® Rewards Program. If the Shoney’s® Rewards Program is terminated, Members will no longer earn Points or Rewards. Any Points or Rewards outstanding at that time will expire as indicated in the notice of termination or as otherwise stated on the email confirming the Reward.
• MEMBERSHIP: Report a lost Card to Shoney’s by email to ShoneysRewards@Shoneys.com and unsubscribe from the Program by email to ShoneysRewards@Shoneys.com. Shoney’s will not be responsible for the unauthorized use of your Card or redemption of your Points and/or Rewards. A Member’s Card account will be closed after twelve (12) months of no activity. Shoney’s reserves the right in its sole and absolute discretion to suspend a Member’s membership in the Shoney’s® Rewards Program in the event of any suspected misconduct, including but not limited to suspending and the Member’s ability to earn and redeem Points and Rewards. If Shoney’s concludes in its sole and absolute discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, and void all of the Member’s Points and Rewards.
• LIMITATION OF LIABILITY, DISCLAIMER AND RELEASE: Members use the Shoney’s® Rewards Program at their own risk. Shoney’s is not liable for any direct, indirect, special or other damages or losses that may result from the Member using the Shoney’s® Rewards Program  or using information, services, food, beverages or merchandise provided through Shoney’s® restaurants. THE SHONEY’S® REWARDS PROGRAM IS PROVIDED BY SHONEY’S “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. Shoney’s is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Shoney’s® Rewards. Shoney’s liability for Points, Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Points or Rewards, while supplies last. Member hereby releases and agrees to indemnify and hold harmless Shoney’s (and its affiliates, and Shoney’s restaurants owners, operators, franchisor, franchisees and employees) from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Shoney’s® Rewards Program, or the receipt, use, misuse, or unavailability, of Points, Rewards or any other reward.
• DISPUTES TO BE RESOLVED THROUGH ARBITRATION AND PURSUANT TO TENNESSEE LAW: Except where prohibited by law, by signing up for the Shoney’s® Reward Program, you agree that any action arising out of or relating in any way to the Shoney’s® Reward Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association ( the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held in Nashville, Tennessee. These Terms of Use are governed by and are to be construed in accordance with the laws of the State of Tennessee. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other terms and conditions governing the Shoney’s® Rewards Card, including those on the front and back of the Card. The arbitrator shall not have the power to award punitive damages against Shoney’s or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only your individual claims, and the arbitrator may not consolidate or join the claims of other persons who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. You also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (c) under no circumstances will you be permitted, and you hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforce ability of the remaining provisions shall not in any way be affected or impaired thereby.

04/2021