Panda Express

GIFT CARD TERMS AND CONDITIONS PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND JURY WAIVER PROVISION WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES. 1. GENERAL TERMS These Panda Restaurant Group, Inc. ('Panda' Gift Card Terms and Conditions apply in addition to the Terms and Conditions for Services and Privacy Policy set forth on the PandaExpress.com website, which are expressly incorporated herein. By purchasing, accepting, or using your Gift Card (the 'Gift Card(s)', you agree to be bound by Panda's Gift Card Terms and Conditions, Panda's Terms and Conditions for Services, and Panda's Privacy Policy, (collectively, these 'Terms'. If you do not agree with these Terms, do not purchase, accept, or use the Gift Card. These Terms are between you, the cardholder and Panda. Panda bears no responsibility for the delivery of your Gift Card. 2. PANDA GIFT CARDS Panda Gift Cards are distributed by our third-party partner CashStar to you. Gift Cards are available in two forms: (i) a physical card, and (ii) an electronically transmitted eGift Card. The 'Gift Card(s)” term may be used interchangeably to refer to both the physical version of the Gift Card and the eGift Card, except where indicated otherwise. 3. GIFT CARDS Gift Cards are available for purchase here. Except for expedited shipping fees applicable to physical gift cards, no additional fees will be imposed on purchasers or recipients of the Gift Cards in connection with the sale of physical gift cards. 4. REDEMPTION Cashstar delivers the Gift Card to you, allowing you to load a dollar value onto the Gift Card for use at participating Panda stores. The dollar value that you load onto the Gift Card is a prepayment for the goods and services of participating stores. Except as required by law or permitted by these Terms, the dollar value on your Gift Card is nonrefundable and may not be redeemed for cash. The value on your Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC) and does not accrue interest. Certain Panda locations are not participating stores and do not accept Gift Cards. To find out if a store accepts Gift Cards as a payment method, please inquire at that store. 5. VIEW YOUR BALANCE To view your Gift Card balance, please click here. 6. RETURNS You may not return or cancel a Gift Card once received. If you wish to cancel a Gift Card purchase order before delivery, please contact Cashstar's Customer Support. It is important to note that certain authorized third-party retailers may have alternative refund policies, and you should check with the specific retailer from whom the card was purchased. Cashstar and Panda are not liable for any alternative policies implemented by third-party retailers. 7. LIMITATIONS You may not use your Gift Card to purchase other Gift Cards, resell, transfer for value, or redeem for cash, except to the extent required by law. Gift Cards will be considered void if resold, transferred for value, or redeemed for cash. Unused Gift Cards may not be transferred. You may not have more than $500 in value on your Gift Card at any time, and no more than $2,000 may be associated with any one Gift Card in a single day. This means that the activity on any one of your Gift Cards cannot exceed $2,000 within a day. The total value you may load onto all of your Gift Cards, together with the value of any new Gift Cards that you may purchase, may not exceed $10,000 on any given day. The minimum amount that may be loaded on a Gift Card at any given time is $15. We may change any of these amounts at any time without notice to you. 8. FRAUD Panda will not accept any Gift Card or will limit use of any Gift Card, including the Gift Card balance, if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful, and we consider such action necessary to limit our risk. Panda does not control who may sell preloaded Gift Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Panda has no liability to you for any third-party fraud or unlawful activity associated with any Gift Card balance. If Panda discovers your Gift Card or Gift Card balance was obtained through fraud or other unlawful means, we may in our sole discretion, cancel all impacted Gift Cards and retain all related Gift Card balances without notice to you. 9. UNAUTHORIZED TRANSACTIONS/LOST, DAMAGED OR STOLEN CARDS o You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized. If your Gift Card or Gift Card information is lost or stolen, anyone who obtains possession of either may use the Gift Card. Neither Cashstar nor Panda is responsible for any unauthorized use of the Gift C Therefore, you should safeguard your Gift Card and avoid disclosing Gift Card information to anyone. • If your Gift Card is lost, stolen, or damaged, please submit a general inquiry by clicking Contact Us. In your submission, you must provide the following: (i) full name; (ii) gift card number; and (iii) original proof of purchase for the purchase or reload in order for us to freeze the Gift Card balance. The remaining balance on lost, stolen, or damaged cards will be replaced only if Panda is in receipt of the information listed above. A new Gift Card may be issued to you in the amount remaining at the time your balance was frozen. Replacement cards may be issued as an eGift Card at Cashstar's discretion. If you have any questions, please see the FAQs. • Any possession or removal of the Gift Card outside the retail location where such Gift Card is offered prior to proper activation (i.e. without authorization from Panda) constitutes possession of an unauthorized access device which violates applicable law, is against these Terms of the Gift Card, and may result in Panda: i) voiding or cancelling your Gift Card; ii) invalidating all remaining transactions; and iii) retaining all remaining funds associated with your Gift Card. • You may not sell your Gift Card for value (without authorization from Panda). If you do, then we reserve the right to: (i) void or cancel your Gift Card; (ii) consider all transactions following the resale unauthorized; and (iii) retain all remaining funds associated with your Gift Card. 10. PAYMENT METHODS Gift Cards may be paid for with a valid Visa, MasterCard, American Express, Discover, or Diners Club card. 11. DELIVERY INFORMATION AND REQUIREMENTS FOR GIFT CARD PURCHASERS All orders of Gift Cards are subject to a process that compares purchaser information provided on the website with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Gift Card order may be delayed until it can be corrected. If you have concerns about the order of the Gift Card, please contact Cashstar's Customer Support. Please refer to your order number or be ready to provide your email address. Panda is not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate physical address or email address for the recipient. Please check to make sure the address of the recipient is correct and contact Cashstar's Customer Support if you suspect the recipient did not receive the Gift Card. 12. REASONS FOR FAILED DELIVERY OF eGIFT CARDS eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, then the following is a list of the most common reasons why delivery may have failed: 1. Spam filter blocked email or routed it to a bulk/spam folder; 2. Recipient's firewall blocked the email; 3. Email inbox is over size limit; and 4. Invalid email address. If a spam filter is blocking the Gift Cards' emails from getting to an inbox, the email options will need to be modified so that Panda Gift Card emails are not considered spam. If you need further assistance, contact Cashstar's Customer Support. Please refer to your order number or be ready to provide your email address. 13. PERSONALIZED MESSAGING If you wish to add a personal message to the Gift Card, simply type your message in the 'Message” field during the purchase process. Personal messages are limited in length to the space provided on the eGift Card, or to the space provided on the presentation carrier of a physical Gift Card. There is no additional charge to include a personalized message. If we find a message inappropriate, offensive, or otherwise objectionable, we reserve the right to cancel the purchase of the Gift Card. 14. LIMITATION OF LIABILITY PANDA AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PANDA DOES NOT REPRESENT OR WARRANT THAT YOUR GIFT CARDS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT PANDA OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. PANDA AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE), OR ANY PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PANDA OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF THE GIFT CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. 15. DISPUTE RESOLUTION; BINDING ARBITRATION PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THESE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THESE TERMS AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR. • Agreement To Arbitrate You and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from impartial dispute resolution procedure of using binding arbitration for any 'Covered Claims” (as defined below) that arise between you and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda's agent, representative or employee. You and Panda agree that this Arbitration and Class Action Waiver (as defined below) is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of these Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law. • Claims Subject to Arbitration Other than the exceptions in the 'Excluded Claims” Section below, the 'Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Gift Card, or the provision of content, services, and/or technology on or through the linked websites to the fullest extent allowed by law, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your agreement to these Terms. • Excluded Claims o The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as 'Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of California law subject to federal preemption (including claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court's jurisdiction. • In the event you or Panda choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration. • Class Action Waiver and Jury Waiver You and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding ('Arbitration and Class Action Waiver'. No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual's claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial ('Jury Trial Waiver'. This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California. • Arbitrability Determinations If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver. • Arbitration Rules, Procedures, and Costs For any Covered Claim that you have against Panda, or Panda has against you, the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim ('Notice'. If such Notice is being sent to Panda, then submit the Notice as a general inquiry by clicking Contact Us or send by certified mail addressed to: Attn: Corporate Legal Panda Restaurant Group, Inc. 1683 Walnut Grove Avenue Rosemead, CA 91770 If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should (a) include the claiming party's name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the address above. You and Panda agree that the arbitration shall be administered by the American Arbitration Association ('AAA' before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Panda. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply. • The parties agree that the applicable AAA rules are modified as follows: • Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law. • No party is entitled to its attorneys' fees, except as may be awarded in a matter authorized by and consistent with applicable law. • All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information ('ESI'. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award. • The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s). • Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication. • The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing. • The Federal Rules of Evidence shall apply to all arbitration proceedings. • For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration. • The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator's determination and the legal basis therefor. • The arbitrator's authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties. • The parties may settle any dispute on a mutual basis without involvement of the arbitrator. • If you initiate arbitration, you will pay the first $250, and Panda will pay all other filing, administrative, or hearing fees. If Panda initiates arbitration, Panda will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys' fees and costs unless the law governing the Covered Claim provides for an award of attorneys' fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys' fees and costs. • A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the arbitrator, except that if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance together with proof of service thereof. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings and, following the issuance of the arbitrator's award, the offeror may file a motion for costs with the arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted. • Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law) A 'Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in the Arbitration Rules, Procedures, and Costs section above, Panda shall (i) not be required to advance or pay arbitration costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your claim was frivolous or in bad faith) if such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by the Arbitration Rules, Procedures, and Costs section above and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this section. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this section unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This section is inapplicable in California and in any other jurisdiction where this term is prohibited by law. 16. Severability If any term or condition in these Terms are determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of these Terms shall not be affected. 17. Governing law and venue Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. 18. UPDATES TO TERMS AND CONDITIONS We may amend these Terms at any time. We will post the amended Terms to our website at Gift Cards, and for a period of thirty (30) days after we post the amended Terms, we will also post a notice on our website stating that these Terms have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Terms to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Gift Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Gift Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Gift Cards and refund any remaining balance to you. Panda Express is not a sponsor of the rewards or otherwise affiliated with Fold, Inc. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms and conditions. Fold cannot provide refunds on purchased gift cards.