PANI ROYALTY TERMS AND CONDITIONS

The PANI Royalty Program (the “Program”) is a customer recognition program that rewards enrolled PANI guests (“Members”) for dining with us. Enrollment, membership, and all related benefits of the Program, including the use of the website, are offered to you by PANI, at its discretion.

With the PANI Royalty Program, you will get special benefits when dining with us, and will earn credits toward specific rewards.

Your participation in this Program is subject to these Terms and Conditions (these “Terms”), including any changes made to these Terms in the future.

When your points balance reaches a reward threshold level, you can claim a reward. Program Members will also be invited to enjoy special offers. The benefits, rewards, and points earned through the Program, have no cash value, are not for resale, and no change will be given.

When you join the Program, you are required to provide your email address and phone number. The program is a phone and email based program, using text messaging, email and other tools such as your Wallet pass as the distribution channel to communicate for all earned rewards, program benefits, and program changes and updates, promotions and offers.

If you no longer wish to receive email or text message communications from PANI, you will forfeit the ability to earn and use the Program credits or points that you have earned.

By unsubscribing from receiving communications, you understand that PANI will terminate your Program memberships associated with your email address and/or phone number, and that you forfeit your entitlement to any Program rewards or credits immediately upon deactivation or termination of your account. If you opt out of communications, please allow up to ten (10) business days for your request to go into effect.

The Program is subject to cancellation or modification at any time without notice. We reserve the right to terminate any membership at any given time and without notice.

The Program Benefits change regularly, most times with no notice. Visit this website to learn about the current program benefits.

LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US

NEITHER RECKBAR, LLC dba PANI, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“ASSOCIATES”) SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM, THE WEBSITE OR THE MOBILE APPLICATION; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

IN NO EVENT SHALL OUR AND OUR AFFILIATES’ MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).

By participating in the Program you hereby agree: (a) to release us and all of our affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be permitted to obtain rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs..

NO WARRANTY

WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE.