Terms & Conditions

MVP LOYALTY REWARDS PROGRAM TERMS OF USE

Effective Date: November 15, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE MVP LOYALTY REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE MVP LOYALTY REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

– eliminate your right to a trial by jury; and

– substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the MVP Loyalty Rewards Program by electronic means, including posting such information and materials online here: Terms and Conditions

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the MVP Loyalty Rewards Program in the United States which is managed by Kelly Operations Group (“Company”), or its respective subsidiaries, licensees, and affiliated companies. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MVP Loyalty Rewards Program for other products or services. The terms “MVP Loyalty Rewards Program” or “MVP Loyalty Rewards Card” references but is not limited to the individual account or physical card held attached to an individual account and are interchangeable.

CHANGES TO TERMS

Company reserves the right to change or modify these Terms of Use or any policy, FAQ, structure of, or guideline pertaining to MVP Loyalty Rewards Program, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted at: Terms and Conditions so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in MVP Loyalty Rewards Program following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in MVP Loyalty Rewards Program.

ABOUT YOUR ACCOUNT

Our Privacy Policy which can be found at: PRIVACY POLICY is incorporated into these Terms of Use and also governs your participation in MVP Loyalty Rewards Program. Please read the Privacy Statement carefully to understand how Company collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you. We issue the MVP Loyalty Rewards Program Card (physical card or cardless member account) to you. It allows you to load a dollar value onto your MVP Loyalty Rewards Program Card for use at participating stores. The dollar value that you load onto your MVP Loyalty Rewards Program Card is a prepayment for the goods and services of participating stores. We offer the MVP Loyalty Rewards Program Card to make it easier for you to dine with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the loaded dollar value on your MVP Loyalty Rewards Program Card is nonrefundable and may not be redeemed for cash. The value on your MVP Loyalty Rewards Program Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. Loaded dollar value does not included loaded rewards. All loaded rewards and offers have no value and expire based on the rules of the reward or offer.

MVP Loyalty Rewards Program Cards are not targeted towards, nor intended for use by, anyone under the age of 18. If you are between the ages of 18 and 21, you may only use MVP Loyalty Rewards Program Cards at participating King’s Family Restaurants and Grady’s Bar-B-Q locations.

You can reload your MVP Loyalty Rewards Program Card on the MVP Loyalty Rewards App or, to make reloading your MVP Loyalty Rewards Program Card easier, you can link a payment method to your Company account and reload either manually online when you choose or set up auto-reload. With automatic reload, you simply set the reload date or the balance at which you want to reload your MVP Loyalty Rewards Program Card and provide us with payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload to let you know your MVP Loyalty Rewards Program Card has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.

To discontinue the automatic reload feature, you must log-in to your account at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.

USE OF MVP LOYALTY REWARDS PROGRAM CARDS BY BUSINESSES

There are unique requirements and restrictions on the use of MVP Loyalty Rewards Program Cards by businesses such as the inability to accrue more than 300 points per day as well as the inability to accrue points or rewards for purchases of catered events, platters, trays, hosted events, and in California and Arizona, points on Alcohol purchases. The MVP Loyalty Rewards Program Cards are meant to be individual persons rewards cards and are not permitted for businesses use.

ABOUT MVP LOYALTY REWARDS PROGRAM

MVP Loyalty Rewards Program is one way in which Company endeavors to reward and thank loyal customers for patronizing our business and purchasing Company products. MVP Loyalty Rewards Program members are able to earn and accumulate “Points” that can be redeemed for MVP Loyalty Rewards Program benefits (“Rewards“) at participating Company stores. Unfortunately, franchised locations including those at airports, do not participate in the program. To find out if your location participates, contact the location directly.

JOINING MVP LOYALTY REWARDS PROGRAM

To join MVP Loyalty Rewards Program, go to REGISTER HERE or find our app in the Apple or Google stores and follow the prompts to create an account. You will be required to provide the following information:

  1. First and last name, Favorite store, phone number, zip code, Birthday, email address, Favorite day of the week to visit, and password.
  1. Email opt-in is a choice in which if you opt-out, you will not receive any rewards beyond the base of points to rewards program. This includes a Birthday Reward.
  2. SMS opt-in is a choice in which if you opt-in, you will occasionally receive SMS messages with special rewards for specific dates and times based on your location area provided by your phone. These rewards are specific to you and do expire. SMS messages may come at a cost to you depending on your carrier and mobile plan.

When you join MVP Loyalty Rewards Program, you automatically are provided with a digital MVP Loyalty Rewards Card with a zero dollar ($0.00) balance or if you register with a physical card, that card will be activated with a zero dollar ($0.00) balance. You can add pre-loaded funds to your Card either through the App, or through earned rewards which will be treated as discount dollars and carry a no cash value with an expiration. Multiple Cards can be added for use in MVP Loyalty Rewards Program, but you may have only one (1) account that is personal to you. All Cards, including the one that is digitally provisioned, are subject to the Terms & Conditions which are incorporated into these Terms of Use.

EARNING POINTS

The Rewards that are available to you through MVP Loyalty Rewards Program are based on the number of Points that you earn. You can earn Points by making purchases at participating locations in the following ways:

  1. Paying for your purchase you will earn 1 (one) point for every $1 (one) U.S. Dollar you spend at participating stores. You will also be able to earn bonus points during limited promotions. If you are a Company partner (i.e., employee), you are ineligible to participate in this program.
  1. Paying for your purchase with Linked Payment Method. You can link a credit card, debit card or mobile wallet to your account, and use it to pay directly for your order through the App. When you pay directly with a linked payment method, you will earn 1 (one) point for every $1 (one) U.S. Dollar you spend at participating stores. Company may add or remove available payment methods at any time in its sole discretion.

  1. Missed Visit Codes. You can earn points by entering codes from visits you forgot to present your card during your purchase, only at select locations, from within your account. These receipt codes are only valid for 7 days and will then expire. If a receipt code is not available, please email a copy of the receipt to MVPCare@krgops.com and request an adjustment.
  1. Promotional Bonus Point Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional “Bonus Points” through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

Note that Points may not be earned in fractional amounts depending on the value of your purchase. Transactions containing fractions of $1.00 (One U.S. Dollar) of $0.50 (fifty US Cents) will be rounded up for a point. Those less, will not count towards point accumulation. All points are calculated off the pre-tax and pre-tip totals. Points in the states of California and Arizona cannot be earned or redeemed on Alcohol.

MULTIPLE TENDER

If you use more than one payment method in a single transaction, you will earn Points based on the earn rate associated with each payment. For example, if your beverage is $6 and you pay $3 with cash and $3 with a credit card, you will earn a total of 6 points: If members of a party/table, split a transaction (separate checks), each member must have their own card to accrue points. A single member’s card cannot be used on split/separate checks. Behavior of such may result in the suspension of the card.

EXCLUSIONS TO EARNING POINTS; PARTICIPATING STORES ONLY

Points may be earned at participating stores only, and certain stores only have the ability to award Points for transactions (not for cash, credit card, debit card or mobile wallet transactions). In addition, you cannot earn Points on purchases of alcoholic beverages (State law depending) or on transactions such as activations of Gift Cards, reloads, transfers, and other card-to-card transactions. Taxes, tips, donations, and fees, including without limitation, surcharges, delivery charges, service fees, room charges, buffet & group menus, shipping and handling fees, are excluded and ineligible for Point accrual.

RETURNS

Your Point balance may be impacted by returns as follows:

  1. If you void a purchase, Company will deduct the Points that you earned for that purchase.
  1. If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), Company may deduct the Points earned in connection with your purchase. You may be required to provide the physical credit card, debit card, or mobile wallet in order for Company to process the refund.

POINT EXPIRATION

Unless otherwise noted, Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and ONLY expire if the account has been inactive (no purchases) for a consecutive twelve (12) months in which the last Points were earned. For example, if you earn Points on December 15, 2020, and no purchases are made with the card and no points are added, by December 15, 2021 all points will expire December 16, 2021. Your account will also be moved to inactive and you may be required to contact a support representative to re-activate your account. You can view and track your Point balance and available Rewards, as well as any additional benefits for which you are eligible as a MVP Loyalty Rewards Program member, on the web or by using the App.

REDEEMING POINTS FOR REWARDS – AUTOMATIC CONVERSION

Points will be accumulated on your account until the point balance reaches 300. When you achieve 300 Points, 300 Points will automatically be converted into a no cash value reward for $20 (twenty U.S. Dollars) reducing your point balance but issuing the reward. The reward may only be redeemed towards a future visit/purchase. All rewards carry a 30-day expiration from date of issuance unless otherwise specified in an additional promotion or offer.

 

OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS

Point converted rewards may be redeemed at participating Company stores and are ineligible to be redeemed for the following items (State laws may vary): alcoholic beverages; gift cards, loaded wallet balances, buffet & group menu/catering purchases, cover charges, surcharges, gratuity, or cash.

ADDITIONAL BENEFITS OF MVP LOYALTY REWARDS PROGRAM

As a MVP Loyalty Rewards Program member, you may be eligible for the following additional benefits.:

-Birthday Reward. On your birthday (as indicated in your MVP Loyalty Rewards Program account), you will receive one (1) birthday offer – currently a $10 (ten U.S. Dollars) off of a $20 (twenty U.S. Dollars) purchase offer or one (1) birthday offer – currently a $25 (twenty five U.S. Dollars) off of a $100 (one hundred U.S. Dollars) purchase offer. All birthday rewards will be issued at the beginning of the birthday month and expire 30 days after being issued.

-Tier Kickers. MVP Loyalty Rewards Program members have the ability to achieve tier status.

-Registered MVP – Entry level tier

-Silver MVP – is achieved when a member achieves a 600-point total accumulation within the MVP Loyalty Rewards Program Calendar year. The MVP Loyalty Rewards Program Calendar year will begin on the first Monday of the US Calendar year. When a member achieves this status, a $20 (twenty U.S. Dollars) reward will be loaded automatically onto the card. This reward will carry a 30-day expiration.

-Gold – is achieved when a member achieves a 1500-point total accumulation within the MVP Loyalty Rewards Program Calendar year. The MVP Loyalty Rewards Program Calendar year will begin on the first Monday of the US Calendar year. When a member achieves this status, a $50 (fifty U.S. Dollars) reward will be loaded automatically onto the card. This reward will carry a 30-day expiration.

-Platinum – is achieved when a member achieves a 3000-point total accumulation within the MVP Loyalty Rewards Program Calendar year. The MVP Loyalty Rewards Program Calendar year will begin on the first Monday of the US Calendar year. When a member achieves this status, a $100 (one hundred U.S. Dollars) reward will be loaded automatically onto the card. This reward will carry a 30-day expiration.

-Early or extended access to certain promotions and offers. Company may offer MVP Loyalty Rewards Program members early or extended access to special menu items or discounts at participating stores.

-Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by SMS. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Company and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

Company reserves the right to change or suspend the number and type of benefits offered to members of MVP Loyalty Rewards Program in its sole discretion at any time.

EGIFT CARD

The Company does offer an eGift Card (also known as an “eGift”) program allows you to purchase and send a virtual gift card via email. The only brands of Company the eGift is valid at are Claim Jumper Steakhouse + Bar locations (excluding Golden Nugget Locations). You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose when to have your eGift delivered the same day, provided that your form of payment is approved. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your eGift regardless of the date you choose for delivery.

Each eGift has a unique card number and QR code associated with it no matter how many times the email is printed out. We will only give refunds for unused eGifts with the original receipt.

If you have any questions or concerns about the status of an eGift, please email MVPCare@krgops.com

PROMOTIONAL PROGRAMS

From time to time, we may in our sole discretion, run promotional programs associated with the MVP Loyalty Rewards Program Card program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

FEES AND EXPIRATION OF CARD BALANCES

We do not charge any activation, service, dormancy or inactivity fees in connection with your MVP Loyalty Rewards Program Card. Your MVP Loyalty Rewards Program Card has no expiration date nor does the loaded value on your MVP Loyalty Rewards Program Card ever expire. Loaded Value are the funds that you load onto your MVP Loyalty Rewards Program Card and are not considered Promotions or Earned Rewards. Promotions and Earned Rewards carry expiration dates and are not able to be reloaded once they have expired. Gift Card purchases may be subject to service, dormancy or inactivity fees depending on the state the Gift Card is purchased in. The Gift Card will remain managed in the system of the location the Gift Card is purchased in. Therefore, if the Gift Card travels outside of the state it was purchased in, the state of purchase rules still apply.

HISTORY

When you use your MVP Loyalty Rewards Program Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a MVP Loyalty Rewards Program Card. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your MVP Loyalty Rewards Program Card and review recent Transactions on your MVP Loyalty Rewards Program Card at MY ACCOUNT  or by downloading the MVP Loyalty Rewards Program app from the Apple Store or Google Play store. We will not send you statements of activity on your MVP Loyalty Rewards Program Card.

BILLING ERRORS, CORRECTIONS

We will correct the balance of your MVP Loyalty Rewards Program Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your MVP Loyalty Rewards Program Card, please email Customer Service at MVPCare@krgops.com. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within thirty (30) days of the date of the Transaction in question.

FRAUD ASSOCIATED WITH YOUR MVP LOYALTY REWARDS PROGRAM CARD, ACCOUNT, OR CARD BALANCE

We will not accept any MVP Loyalty Rewards Program Card or will limit use of any MVP Loyalty Rewards Program Card/Account or MVP Loyalty Rewards Program Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. The Company does not sell preloaded MVP Loyalty Rewards Program Cards, Consequently, Company has no liability to you for any third-party fraud or unlawful activity associated with any MVP Loyalty Rewards Program Card balance. If Company discovers any MVP Loyalty Rewards Program Card or MVP Loyalty Rewards Program Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted MVP Loyalty Rewards Program Cards and retain all related MVP Loyalty Rewards Program Card balances without notice to you. We may use retained MVP Loyalty Rewards Program Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load MVP Loyalty Rewards Program Cards.

REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS

To register your MVP Loyalty Rewards Program Card, visit REGISTER HERE , click “Sign Up – I have a Card” or “Sign Up – Cardless” ” and complete the online form. If you register cardless, a unique number will be assigned to your account. You will use your phone number or the MVP Loyalty Rewards App when visiting a location to earn credit. When registering an MVP Loyalty Rewards Program Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your MVP Loyalty Rewards Program Card. If you believe your MVP Loyalty Rewards Program Card has been disabled in error, please email MVPCare@krgops.com. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your MVP Loyalty Rewards Program Card information. Additional MVP Loyalty Rewards Program Cards can be added to your account, but you may only maintain one (1) such account at any time.

You should treat your MVP Loyalty Rewards Program Card like cash and not disclose your MVP Loyalty Rewards Program Card information to anyone. If your MVP Loyalty Rewards Program Card or MVP Loyalty Rewards Program Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your MVP Loyalty Rewards Program Card, including unauthorized transactions. However, if your MVP Loyalty Rewards Program Card is lost, stolen, or destroyed; your MVP Loyalty Rewards Program Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.

If your registered MVP Loyalty Rewards Program Card becomes lost, stolen, or damaged, report it as soon as possible by emailing MVPCare@krgops.com. Your registered MVP Loyalty Rewards Program Card balance is protected from the time you notify us. We will freeze the remaining balance on your MVP Loyalty Rewards Program Card at the time you notify us and will load that remaining balance on a replacement MVP Loyalty Rewards Program Card.

PRIVACY STATEMENT

When you use our website or related digital resources, personal information and other information about your online or in-store activity is recorded. Kelly Operations Group (“Company”), or its respective subsidiaries, licensees, affiliated companies, and marketing consultants (collectively, “Company” “we” or “us”) uses this information to assess your preferences to provide you with the best guest experience possible. This information is not sold nor provided in any way to third parties for any purpose other than for analysis that is used internally.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW.

There are no participation or membership fees associated with MVP Loyalty Rewards Program. Points or Rewards accrued in connection with MVP Loyalty Rewards Program are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points or Rewards accrued in connection with MVP Loyalty Rewards Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Company.

Your Points, Rewards, registered Company Cards, and MVP Loyalty Rewards Program account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) MVP Loyalty Rewards Program account that is personal to you.

Without notice to you, Company reserves the right to suspend any Company Card registered to your account and/or terminate your account and/or your participation in MVP Loyalty Rewards Program if Company determines, in its sole discretion, that you have violated these Terms of Use or that the use of your MVP Loyalty Rewards Program account is unauthorized, deceptive, fraudulent or otherwise unlawful. Company may, in its sole discretion, suspend, cancel or combine MVP Loyalty Rewards Program accounts that appear to be duplicative. In the event that your participation in MVP Loyalty Rewards Program is terminated, all accrued Points in your account are void.

Without notice to you, Company also reserves the right to “unregister” and make ineligible for MVP Loyalty Rewards Program any Company Card or account that has been inactive for one (1) consecutive year. Inactivity is defined as no Points earned during such one (1) consecutive year period. In the event that your Company Card or account is unregistered or rendered inactive, all accrued Points and rewards in your account are void.

Company reserves the right to change, modify, discontinue, or cancel MVP Loyalty Rewards Program or any part of the MVP Loyalty Rewards Program, at any time and in its sole discretion, without notice to you.

INDEMNITY & RELEASE

To the fullest extent permitted by law, you agree to release, indemnify and hold Kelly Operations Group and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service via the app or web, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in MVP Loyalty Rewards Program, the Company Cards registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in MVP Loyalty Rewards Program, or your relationship with Company or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department at MVPCare@krgops.com  to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 90 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, KRG Kings, LLC., or Fun Eats and Drinks, LLC., or KRG Grady’s, LLC., or Claim Jumper Acquisition Company, LLC., or Tres Amigos of San Diego, LLC., or KRG JCS, LLC., will consider reimbursement to you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in MVP Loyalty Rewards Program will be governed by and construed and enforced in accordance with the laws of Wyoming, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in King County, Washington.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.