Tender Greens Legal Information
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Tender Greens
Privacy
Policy
Last Updated: October 21, 2025
TENDER GREENS IS CONCERNED ABOUT PRIVACY ISSUES AND WANTS YOU TO BE FAMILIAR WITH HOW WE COLLECT, USE, AND DISCLOSE YOUR INFORMATION.
This privacy policy (this “Policy”) applies to OTRB Tender Greens, LLC and its related parties and affiliates (hereinafter referred to as “Tender Greens,” “we,” “us,” or “our”). This Policy describes our practices in connection with information that we collect through websites operated by us from which you may be accessing this Policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages that we control from which you may be accessing this Policy (collectively, our “Social Media Pages”), as well as through HTML-formatted email messages that we send to you that link to this Policy (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”).
Please read this Policy carefully. By using the Services, you consent to our collection, processing, retention, use, and disclosure of your Personal Information (defined below) as described in this Policy. Except as set forth in this Policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time, subject to our rights and obligations under applicable law. However, withdrawing consent may result in your inability to continue using the Services or some of their features.
DEFINITIONS
As used in this Policy, the terms below shall have the following meanings:
“Sell” has the meaning set forth in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”).
“Share” means sharing Personal Information with third parties for cross-context behavioral advertising, as that term is defined under the CCPA.
“Access Request” means a verifiable consumer request to know or obtain a copy of the Personal Information that we have collected, used, disclosed, or shared about you, consistent with the rights provided under the CCPA/CPRA.
“Deletion Request” means a verifiable consumer request to delete Personal Information that we have collected from you, subject to the exceptions and limitations provided under the CCPA/CPRA.
“Data Portability Request” means a verifiable consumer request to obtain a copy of your Personal Information in a portable and readily usable format, consistent with the rights provided under the CCPA/CPRA.
“Personal Data” has the meaning given in the EU General Data Protection Regulation (GDPR) and may differ from Personal Information as defined in this Policy.
PERSONAL INFORMATION WE MAY COLLECT
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you as a particular consumer or household, whether on its own or when combined with other information. We may collect certain Personal Information from you when you visit the Websites or use the Services, including but not limited to your:
- Name
- Postal address (including billing and shipping addresses)
- Telephone number
- Email address
- Date of birth
- Account name
- Account Password
In addition to the information we collect from you directly, we may also infer information about you based on the information you provide to us or from other information we collect.
We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Policy. We have no control over, and are not responsible for, that third party’s collection, use and disclosure of your Personal Information.
If you submit any Personal Information relating to other people to us or to our third-party service providers in connection with the Services, you represent that you have the authority to do so and permit us to use the information in accordance with this Policy.
HOW WE MAY COLLECT PERSONAL INFORMATION
We and our service providers may collect Personal Information in a variety of ways, including:
- Through the Services. We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or make a purchase.
- Offline. We may collect Personal Information from you offline, such as when you visit our restaurants, place an order over the phone or contact us.
- From other sources. We may receive your Personal Information from other sources, such as public databases, joint marketing partners, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties.
HOW WE MAY USE PERSONAL INFORMATION
We may use your Personal Information:
- To respond to your inquiries and fulfill your requests, such as to send you newsletters.
- To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
- To complete and fulfill your purchase or sign you up for events, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or reservation and provide you with related customer service.
- To send you marketing communications that we believe may be of interest to you.
- To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
HOW PERSONAL INFORMATION MAY BE DISCLOSED
Your Personal Information may be disclosed to the following categories of third parties for the following business purposes:
- To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.
- To third-party sponsors of sweepstakes, contests and similar promotions.
- To identify you to any guest you register for an event.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these Services will become public information and may be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
- To your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account. By connecting your Services account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by that social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing on the Services.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
- Browser and device information, including device IDs, advertising IDs, and other persistent identifiers, such as your IP address. Your IP address is a number that is automatically assigned to the computer that you are using by your internet service provider (ISP).
- Information collected through cookies, pixel tags and other technologies, such as the actions taken within and outside of the Websites and Apps and the date and time of your use of the Websites and Apps
- Demographic information such as your gender or city and other information voluntarily provided by you
- Aggregated information
HOW WE MAY COLLECT OTHER INFORMATION
We and our third-party service providers may collect Other Information in a variety of ways, including:
- Through your browser or device. Certain information is collected by most browsers or automatically through your device, such as your media access control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
- Using cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisements.
- If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
- Using pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear gifs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
- Through your IP address. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
- Using your physical location. We may collect the physical location of your device by, for example, using satellite, cell phone tower or Wi-Fi signals. We may use your device’s physical location to provide you with personalized location-based Services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and Other Information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses or sharing of your device’s location, but if you choose to deny such uses or sharing, we or our marketing partners may not be able to provide you with the applicable personalized Services and content.
- From you. Information such as your preferred means of communication is collected when you voluntarily provide it. Unless combined with Personal Information, it does not personally identify you.
- By aggregating information. Aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
HOW WE MAY USE AND DISCLOSE OTHER INFORMATION
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.
If under applicable law we are required to treat Other Information as Personal Information, then we may collect, use, or disclose Other Information in the same manner as Personal Information as described in this Policy.
In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for so long as it is combined.
THIRD-PARTY SERVICES
This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. We disclaim all liability for any third-party acts, omissions, or policies, and you should review the privacy policies of such third parties carefully. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
Specifically, we use the following key third-party service providers in order to provide the Services to you:
- Olo Inc. (formerly Mobo Systems, Inc.) (“Olo”). When you place an order through any of the Services, you will be directed to our third-party ordering service provider, Olo. Any Personal Information you provide to Olo in connection with the ordering process will be subject to Olo’s privacy policy (located at https://www.olo.com/privacy-notice), and we are not responsible for any such Personal Information, including but not limited to your payment information, which we do not store on our servers.
- PAR Technology. We use certain services provided by PAR for purposes of running customer loyalty and reward programs, special offers, and similar programs. As part of these programs and offers, certain of your Personal Information may be shared with PAR (including, without limitation, your name, email address, payment information, information regarding the purchases you make with us, and any other information you provide in connection with such programs), and you acknowledge and agree that this information may be used by PAR as permitted by PAR’s privacy policy (located at https://partech.com/privacy-policy), including, without limitation, in connection with running such programs and offers.
- OneTrust, LLC (“OneTrust”). We use OneTrust to manage cookie consent on our website. This tool records your consent in compliance with data protection laws and allows you to adjust your cookie preferences at any time through the OneTrust pop-up. OneTrust is a third-party provider with its own privacy practices, and we are not responsible for its data processing activities. For more information about how OneTrust processes data, please see the OneTrust Privacy Notice (located at https://www.onetrust.com/privacy-notice/).
- Meta Platforms, Inc. (“Meta”). We use Meta’s advertising services for social media advertising purposes. When you interact with our Services, certain information may be shared with Meta for cross-context behavioral advertising. For more information about Meta’s privacy practices, please see Meta’s Privacy Policy (located at https://www.facebook.com/privacy/policy/).
- Netmasons, LLC (“Netmasons”). We use Netmasons as our gift card processor. Personal Information related to gift card purchases and redemptions may be disclosed to Netmasons for business purposes. For more information about Netmasons’ privacy practices, please see Netmasons’ Privacy Policy (located at https://www.netmasons.com/Privacy-Policy/).
- NCR Voyix Corporation (“NCR”). We use NCR Aloha as our point-of-sale system. Transaction information may be disclosed to NCR for business purposes. For more information about NCR’s privacy practices, please see NCR’s Privacy Policy (located at https://www.ncrvoyix.com/company/privacy-policy).
- YepChat, Inc. (“YepChat”). We use YepChat for customer support phone services. Information you provide during customer support calls may be disclosed to YepChat for business purposes. For more information about YepChat’s privacy practices, please see YepChat’s website (https://www.yepchat.com/).
- Zendesk, Inc. (“Zendesk”). We use Zendesk as our customer support email platform. Information you provide in support emails may be disclosed to Zendesk for business purposes. For more information about Zendesk’s privacy practices, please see Zendesk’s Privacy Policy (located at https://www.zendesk.com/company/agreements-and-terms/privacy-notice/).
We require our third-party service providers to implement appropriate technical and organizational measures to protect Personal Information and to process such information only as necessary to provide services to us. We conduct regular assessments of their privacy and security practices.
SECURITY
We implement and maintain commercially reasonable organizational, technical, and administrative safeguards, including encryption, access controls, and regular security assessments to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use of your Personal Information:
If you no longer wish to receive marketing-related emails from us, you may opt-out from such messages by following the instructions contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected] and include the word “security” in the subject line.
How you can access, change or suppress your Personal Information:
If you would like to review, correct, update, suppress, or delete the Personal Information that you have provided to us, you may contact us by email at [email protected] or write to the following address:
OTRB Tender Greens, LLC
1201 West 5th Street, Suite T-310
Los Angeles, CA 90017
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have it suppressed from our database, or otherwise let us know what limitations you would like to put on our use of it. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
We do not currently recognize the “Do Not Track” signals, but we honor browser-based opt-out signals that are legally required under the CCPA/CPRA, including the Global Privacy Control (GPC).
EU USERS’ RIGHTS
The General Data Protection Regulation (“GDPR”) provides users located in the EU under its protection certain rights with respect to their Personal Data collected by us on the Websites. Accordingly, Tender Greens recognizes and will comply with the GDPR and those rights, except as limited by applicable law. The rights under the GDPR include:
- Right of Access: This includes the right to obtain from us your Personal Data and whether it is being processed, along with the purposes of the processing; categories of Personal Data concerned; recipients to whom your Personal Data has been disclosed; the period for which your Personal Data is being stored; and the right to lodge a complaint.
- Right of Rectification: This includes the right to correct inaccurate Personal Data collected or stored by us.
- Right of Erasure: This includes the right to have your Personal Data deleted. However, if applicable law requires us to comply with your request to delete information, fulfilment of your request may prevent you from using our Services and may result in closing your account.
- Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.
- Right to Data Portability: This includes the right to receive your Personal Data in a structured, readable format and the right to have your Personal Data transferred.
- Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.
- Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.
Under the GDPR, the lawful basis for us processing your Personal Data for the uses described herein will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; or the processing is in our legitimate interest in providing you with the Services.
CALIFORNIA USERS’ RIGHTS
Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), if you are a resident of California you have the following rights with respect to your Personal Information:
- Right to Know and Data Portability Requests: You have the right to request that we disclose what Personal Information of yours we collect, use, disclose, Share and Sell (the “Right to Know”), including the specific pieces of Personal Information we have collected about you (an “Access Request” and, where applicable, a “Data Portability Request”) over the past twelve (12) months.
- Right to Delete and Right to Correct: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions and limitations (the “Right to Delete”). You also have the right to request correction of personal information we maintain about you that you believe is inaccurate (the “Right to Correct”). We may require you to provide documentation, if needed, to confirm your identity prior to deleting or correcting your Personal Information.
- Right to Limit Use and Disclosure of Sensitive Personal Information: You have a right to ask businesses that use or disclose your Sensitive Personal Information to limit those actions to just the CCPA’s Permitted Sensitive Personal Information Purposes (the “Right to Limit”).
- Right to Opt-Out of the Sale or Sharing of Personal Information: Under the CCPA, disclosure of your Personal Information to third parties in exchange for monetary or other consideration is considered to be a “Sale” of personal information. We do not Sell your Personal Information. We may Share your Personal Information with third parties for cross-context behavioral advertising purposes.
- Right of Children to Opt-In to the Sale or Sharing of Personal Information: The CCPA prohibits businesses from selling or sharing the personal information of consumers it actually knows are under sixteen (16) years old without first obtaining consent from consumers who are between thirteen (13) and fifteen (15) years old or the consumer’s parent or guardian for consumers under age thirteen (13) (the “Right to Opt-In”). We do not knowingly Sell or Share the personal information of minors under sixteen (16) years of age without affirmative authorization.
- Right to Non-Discrimination: You have the right to not be discriminated or retaliated against for exercising any of your privacy rights under the CCPA.
- California “Shine the Light” Rights: Individual consumers who reside in California and have provided us with their Personal Information may request information about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes. The information we provide will describe our general practices in the prior calendar year and will not be specific to you. Your request must indicate that you are a California resident and include your current California address. Please submit a written request to us using the email or address in accordance with the “Contacting Us” section below. Please note that we are required to respond to only one request per California customer each year.
- Notice at Collection: The tables below describe the categories of information we collect, disclose for a business purpose and Share or Sell, as well as the third parties to whom such information is disclosed, Shared or Sold. Please note, in addition to the recipients identified below, we may disclose any of the categories of information we collect listed in the charts below with government entities, as may be needed to comply with law or prevent illegal activity. We do not sell your Personal Information. As discussed above in the Policy, we use cookies and similar tracking technologies for purposes of targeted advertising. For details regarding how we use such information, please see the above “How We May Use Personal Information” section of this Policy. For an explanation regarding how long we retain such information, please refer to the “Security” and “Retention Period” sections of the Policy.
PERSONAL INFORMATION:
COLLECTION, SHARING, SELLING AND DISCLOSURE
The chart below identifies which categories of Personal Information we collected from our consumers within the last twelve (12) months. We may disclose the Personal Information we collect to third parties for the business purposes described in the HOW PERSONAL INFORMATION MAY BE DISCLOSED section above.
Category of Personal Information
| Personal Information Collected?
| Shared in the Past 12 Months? | Categories of Third Parties to Whom Shared
| Categories of Third Parties to Whom We Disclosed for a Business Purpose |
Individual Identifiers
| YES
| NO
| Social Media Networks | Service Providers |
Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
| YES
| NO
| Social Media Networks | Service Providers |
Characteristics of protected classifications under California or federal law
| NO
| NO
| N/A | N/A |
Commercial information
| YES | YES
| Social Media Networks | Service Providers |
Biometric information
| NO
| NO
| N/A | N/A |
Internet or other similar network activity
| YES
| YES
| Social Media Networks | Service Providers |
Geolocation data
| YES
| YES
| Social Media Networks | Service Providers |
Sensory data, including audio, electronic, visual, thermal, olfactory, or similar information
| YES
| NO
| Social Media Networks | Service Providers |
Professional or employment-related information
| YES
| NO
| Social Media Networks | Service Providers |
Non-public education information
| NO
| NO
| N/A | N/A |
Inferences drawn from other Personal Information
| NO
| NO
| N/A | N/A |
SENSITIVE PERSONAL INFORMATION:
COLLECTION, SHARING, SELLING AND DISCLOSURE
“Sensitive Personal Information” is a subtype of Personal Information consisting of the specific information categories listed in the chart below. Importantly, the CCPA only treats this information as sensitive when we collect or use it to infer characteristics about a consumer.
We do not intentionally collect Sensitive Personal Information and ask that you do not provide any such Sensitive Personal Information to us on or through the Services or otherwise. If you provide such information, we will delete it or limit its use to CCPA-permitted purposes unless you provide explicit consent for broader use. We do not sell your Sensitive Personal Information.
The chart below identifies which Sensitive Personal Information categories, if any, we have collected from consumers to infer characteristics about them in the last twelve (12) months.
Category of Sensitive Personal Information
| Collected?
| Shared in the Past 12 Months? | Categories of Third Parties to Whom Shared
| Categories of Third Parties to Whom We Disclosed for a Business Purpose |
Social Security number, driver’s license, state ID card, or passport number
| NO
| NO
| N/A | N/A |
Account Log-in and Password
| YES
| NO
| N/A | Service Providers |
Financial Account, Debit Card, Credit Card Number and account access information. | NO
| NO
| N/A | N/A |
Precise geolocation
| NO
| NO
| N/A | N/A |
Racial or ethnic origin, religious or philosophical beliefs or union membership
| NO
| NO
| N/A | N/A |
Citizenship or immigration status
| NO
| NO
| N/A | N/A |
Contents of mail, email, or text messages not directed to us | NO
| NO
| N/A | N/A |
Genetic data
| NO
| NO
| N/A | N/A |
Unique identifying biometric information
| NO
| NO
| N/A | N/A |
Health information collected and analyzed
| NO
| NO
| N/A | N/A |
Sex life or sexual orientation information
| NO
| NO
| N/A | N/A |
BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTION
We collect Personal Information for the business purposes described in the ‘HOW WE MAY USE PERSONAL INFORMATION’ section above, including to provide and improve our Services, process transactions, communicate with you, conduct marketing, prevent fraud, and comply with legal obligations.”
EXERCISING YOUR RIGHTS UNDER THE CCPA
To exercise your rights under the CCPA – or have an authorized agent exercise your rights under the CCPA on your behalf – please submit a request by contacting Tender Greens at [email protected] with the subject “CCPA Consumer Request.” Tender Greens will verify this request by ensuring that it originated from the registered email address and may require additional information to complete verification. We reserve our right to not grant a consumer request if we cannot verify that the person making the request is the person about whom we have collected information, or someone authorized to act on such person’s behalf. You may only make a request to access or receive copies of Personal Information twice within a twelve (12) month period. Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. We will verify your identity using reasonable methods appropriate to the type of request. For Access Requests, we require at least two pieces of identification. For Deletion Requests, we may require additional documentation.
RETENTION PERIOD
We will retain your Personal Information for only as long as reasonably necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law. Retention periods may vary depending on the type of Personal Information, the context in which it was collected, and applicable legal, regulatory, tax, or business requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, whether we can achieve those purposes through other means, and the applicable legal requirements.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services. We also do not knowingly Sell or Share Personal Information of consumers under the age of sixteen (16) without affirmative authorization as required by the CCPA.
If a child under thirteen (13) submits Personal Information to us through the Services, and we learn that the Personal Information is the information of a child under thirteen (13), we will delete the information from our system as soon as reasonably practicable.
If you are a parent or guardian of a child under thirteen (13) years of age and you believe your child has provided us with Personal Information, please contact us at [email protected] and we will delete the information from our system as soon as reasonably practicable.
DATA BREACH NOTIFICATION
In the event of a data breach that affects your Personal Information, we will provide notification as required by applicable law, including notification to you and relevant authorities within the timeframes specified by law.
CROSS-BORDER TRANSFER
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. For international transfers, we implement appropriate safeguards as required by applicable law.
UPDATES TO THIS PRIVACY POLICY
We may change this Policy from time to time. The “Last Updated” legend at the top of this page indicates when this Policy was last revised. Any changes to this Policy will become effective when we post the revised privacy policy on the Services. Your use of the Services following these changes means that you accept the revised Policy.
DISCLAIMER
This Policy is designed to comply with applicable privacy laws as of the last updated date. Privacy laws continue to evolve, and we may need to modify this Policy to maintain compliance. You should review this Policy periodically for updates.
CONTACTING US
If you have any questions about this Policy, please contact us by email at [email protected] or at the following address:
OTRB Tender Greens, LLC
1201 West 5th Street, Suite T-310
Los Angeles, CA 90017
Because email communications are not always secure, please do not include sensitive information in your emails to us.
Tender Greens
WEBSITE TERMS OF USE AND SERVICE
Last Updated: October 21, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING TENDER GREENS’ SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT REQUIRING MANDATORY BINDING ARBITRATION SET FORTH IN SECTION 16, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SERVICE.
General Application of Terms
These Website Terms of Use and Service ( “Terms”) constitute a binding agreement between you and OTRB Tender Greens, LLC, d/b/a Tender Greens (“Tender Greens”, “we” or “us”). These Terms set forth the terms and conditions governing your use of the website owned and operated by Tender Greens, located at https://www.tendergreens.com (the “Site”) and any services provided by Tender Greens via the Site (collectively the “Service”). These Terms do not govern your use of any software application, including, without limitation, the Tender Greens App (“Application”), the Tender Greens Rewards Program or its Gift Cards, all of which are subject to their own terms and conditions. These Terms apply to all users of the Service, including without limitation users who are browsers of the Site, vendors, customers, or merchants of Tender Greens, or contributors of content to the Service. Your use of the Service indicates your acceptance of these terms. Do not use the Service if you do not agree to be bound by these Terms.
Tender Greens strives to ensure that the information contained on the Service is accurate and reliable. However, Tender Greens and the Service are not infallible and errors may sometimes occur. Therefore, to the maximum extent permissible pursuant to applicable law, Tender Greens makes no representations about the reliability of the features of the Service, any related Third-Party Service (defined below), User Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Tender Greens is not responsible for the information, data, text, or other materials that may appear in User Content or may otherwise be submitted by users. Opinions expressed in User Content do not necessarily reflect the opinions of Tender Greens, and Tender Greens does not endorse, and has no control over, User Content. User Content is not necessarily reviewed by Tender Greens prior to posting and Tender Greens makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content. Tender Greens makes no representations regarding the amount of time that any Service content or User content will be preserved.
- Eligibility
The Service is designed for use by legal residents of the fifty (50) United States and the District of Columbia who: (1) are at least thirteen (13) years of age; (2) possess the legal capacity to enter into these Terms; (3) are not prohibited from using the Service under applicable law; and (4) have not been previously suspended or terminated from using the Service. If you are between the ages of thirteen (13) through seventeen (17), you may use the Service only with the permission and under the supervision of a parent or legal guardian who has read these Terms with you and agrees to be bound by them directly and on your behalf. The Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13).
Modifications
Tender Greens reserves the right to modify these Terms at any time in its sole discretion. Upon such modification, Tender Greens will provide notice via email, by posting a conspicuous notice on the Site, or through such other means deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site or any Application, as applicable (each a “Revised Version”). Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after the effective date of such notification of a Revised Version constitutes your acceptance of such Revised Version. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Our Products
Products. The Service enables Tender Greens to offer, to you and other users, various food, beverage and other related products (collectively, the “Products”). The Products advertised or otherwise made available for purchase via the Service or any Third-Party Service are determined solely by Tender Greens. We reserve the right to modify, discontinue, suspend or otherwise limit the sales of any of our Products to any person, based on geographic region, jurisdiction, availability or otherwise, and you acknowledge that we may exercise this right on a case-by-case basis. Tender Greens shall have no liability whatsoever to you or to any third party for any such modification, discontinuation, suspension, limitation or unavailability of any Products unless otherwise provided herein.
Product Pricing. Any Product pricing listed on any part of the Service or any Third-Party Service (each defined below) is subject to change without notice. Pricing applicable to your order will be the pricing displayed at the time your order is confirmed. Tender Greens reserves the right to, at any time, modify such pricing, for any Product, without advance notice. Tender Greens shall not be liable to you or to any third party for any such modification.
Applications
You acknowledge and agree that the availability of any applications is dependent on the third party from whom you received the application license (e.g., the Apple iTunes or Google Play app stores) (each an “App Store”). You further acknowledge that these Terms are between you and Tender Greens and not with any applicable App Store. Tender Greens, not such App Store, is solely responsible for its own Application, with applicable third parties responsible for any such third party applications, the content thereof, and the maintenance, support services, and warranty, if any, therefor, and for addressing any claims relating thereto (e.g., products liability claims, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using any part of the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them. By using the Application, you also agree to the Terms and Conditions for Tender Greens App and Rewards Program.
- Third-Party Services, Links, and Materials.
Third-Party Services. We may provide you access, via the Service, to certain tools and services provided by third parties, including any Delivery Services (defined below) ( “Third-Party Service”). You acknowledge that we neither monitor nor have any control over any Third-Party Service and agree that your use of any Third-Party Service is entirely at your own risk and discretion. You should become familiar with and approve the terms and conditions governing any such Third-Party Service. Any Third-Party Service is provided “as is” and “as available,” without any warranties, representations or conditions of any kind and without endorsement by us. Tender Greens will have no liability whatsoever arising from or relating to your use of any Third-Party Service.
Third-Party Links; Third-Party Materials. We may, via hyperlinks provided through the Service (“Third-Party Links”), provide you with the ability to access certain third-party websites and content (“Third-Party Materials”). Third-Party Links may direct you to Third-Party Materials that are not affiliated with us. We do not examine, evaluate, warrant, or assume liability or responsibility for, any Third-Party Materials. We are not liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made through any Third-Party Links or Third-Party Materials. Please review carefully the applicable third-party’s policies and practices and make sure you understand them before you engage in any such transaction. Direct any complaints, claims, or questions regarding Third-Party Services, Links, or Materials should be directed to the applicable third party.
Delivery Services. Your use of delivery service to order Products from Tender Greens, whether accessed through a Third-Party Link or otherwise (each a “Delivery Service”), is at your sole discretion. All Delivery Services are governed by the terms and conditions of their respective providers, and Tender Greens will have no liability to you for issues arising from your use of any such Delivery Service. For Products ordered via Mobo Systems, Inc. d/b/a Olo (“Olo”), you agree to the terms and conditions set forth in the Olo Terms of Service and the Olo Privacy Policy, each of which is made available to you when you order any of our Products through Olo.
User Content.
Personal Information. Your submission of Personal Information (as defined in our Privacy Policy) via the Service is governed by our Privacy Policy.
User Comments. You may be provided the ability to upload content to the Service or otherwise submit content to us through various means, including online, email, postal mail, or otherwise, certain content. This content may include feedback, recommendations, reviews, suggestions, proposals, plans, creative ideas or other materials, whether your original content or that of a third party (collectively, “User Comments”). You agree that Tender Greens may use User Comments without restriction at any time, including but not limited to editing, copying, publishing, distributing, and translating such User Comments in any form or medium. Tender Greens is and will be under no obligation to (1) maintain any User Comments in confidence; (2) pay compensation to you or any third party for use of any User Comments; or (3) respond to any User Comments.
User Content. You represent and warrant to Tender Greens that any Personal Information or User Comments (collectively, the “User Content”) you upload to the Service or otherwise submit to Tender Greens will not violate any third-party rights, including any copyright, trademark, or other intellectual property right or any privacy, personality or other proprietary rights. You acknowledge and agree that your User Content shall not contain defamatory, unlawful, abusive, obscene, or otherwise prohibited material, or violate any applicable law or regulation or computer virus or malware that could affect the operation of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You further acknowledge that you are fully responsible for all User Content you submit to us, including its legality, reliability, appropriateness, originality, and copyright compliance. You must ensure you have the right to provide such User Content to us for the purposes set out in these Terms. Tender Greens disclaims any and all responsibility and liability for any such User Content.
Copyright Policy
The Site and its associated Application, Service, and content are © 2025 OTRB Tender Greens, LLC d/b/a Tender Greens (“Tender Greens”).
Tender Greens respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Site and all content within this Site are the property of Tender Greens and are protected by copyright and other intellectual property laws.
By using this Site, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Tender Greens has infringed upon your copyright rights, please provide Tender Greens with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Tender Greens receives a notice of copyright infringement in compliance with § 512, we will act expeditiously and in good faith to remove or disable access to the allegedly infringing content. Tender Greens will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Tender Greens with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with § 512 of the Digital Millennium Copyright Act and must also contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Site;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Site user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Site;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in California;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
Brian A. Hall
Traverse Legal, PLC
810 Cottageview Dr., Ste. G-20
Traverse City, MI 49684
With a copy e-mailed to [email protected]
Text Messaging
You agree that Tender Greens, and its subsidiaries, representatives, affiliates, officers, and directors, may contact you by text message at any of the phone numbers you provide when using the Service. You understand that this consent is not required for purchasing any Products, goods, or services. You acknowledge that standard carrier text messaging and data rates may apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details). You may opt-out of receiving text messages from Tender Greens at any time by replying “STOP” to any text message you receive from Tender Greens from the mobile device receiving the text message from 877-551-3893, or by contacting Tender Greens at [email protected]. If you do not choose to opt out, Tender Greens may contact you as outlined in our Privacy Policy.
You must be thirteen (13) years of age or older to participate in Tender Green’s mobile text program. Tender Greens reserves the right to remove subscribers from our messaging database at our discretion.
Intellectual Property Ownership
Except for any Personal Information and User Content (subject to the rights granted to Tender Greens with respect thereto), you provide to Tender Greens via the Service, you agree that Tender Greens owns all rights, title and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos and other source identifiers related thereto or included therein (“Marks“) that appear on or in connection with any Products or any part of the Service are exclusively the property of Tender Greens and its affiliates, licensors (including Tender Greens) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by Tender Greens.
Term; Termination
These Terms will remain effective unless and until terminated by either you or Tender Greens. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, Tender Greens may suspend your ability to use any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. Tender Greens shall not have any liability whatsoever to you, to the maximum extent permitted by law, for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALL PARTS OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TENDER GREENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, THE CALIFORNIA SONG-BEVERLY CONSUMER WARRANTY ACT AND ANY OTHER IMPLIED WARRANTIES UNDER CALIFORNIA LAW, TO THE EXTENT WAIVABLE. TENDER GREENS MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN RISK, AND TENDER GREENS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENDER GREENS OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENDER GREENS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF TENDER GREENS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 13 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Accessibility
Tender Greens is committed to ensuring that the Service is accessible to all users, including individuals with disabilities. We strive to comply with the Americans with Disabilities Act (ADA), the California Unruh Civil Rights Act, and other applicable accessibility laws and standards, including the Web Content Accessibility Guidelines (WCAG). We are continuously working to improve the accessibility and usability of the Service. If you encounter any accessibility barriers while using the Service or need assistance accessing our services, or if you would like to request reasonable accommodations, please contact us at [email protected]. We will make reasonable efforts to provide alternative methods for accessing the Service’s functionality and to address accessibility concerns in a timely manner. Feedback regarding the accessibility of the Service is welcomed and will help us improve our services for all users.
Indemnification
You agree to indemnify, defend and hold harmless Tender Greens and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other malicious code or harmful technological routines input by you into the Service.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the terms of this Section 16 (this “Arbitration Agreement”) carefully. It is part of your contract with Tender Greens and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.
(a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and use of the Service or Products that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice“) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent via e-mail or by mail. Any Notice to Tender Greens shall be sent to either [email protected] or 1201 W. 5th Street Suite T-310, Los Angeles, CA 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding.
(c) Arbitration Rules. Arbitration shall be administered pursuant to the California Arbitration Act (Cal. Civ. Proc. Code § 1280 et seq.) and the ADR Services Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 12. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Tender Greens’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
(d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules.
(e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens.
(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens.
(l) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court.
(m) Claims Not Subject To Arbitration. Notwithstanding the anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
(n) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.
- Miscellaneous
(a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. In the event of any dispute, the California Arbitration Act (“CAA”), Cal. Civ. Proc. Code § 1280 et seq. shall apply.
(b) Notice. Where Tender Greens requires you to provide an e-mail address, you are responsible for maintaining a current and valid e-mail address with Tender Greens. In the event that the last e-mail address you provided to Tender Greens is not valid, or for any reason is not capable of delivering notices required or permitted by these Terms, Tender Greens’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may provide notice to Tender Greens only at the following address: OTRB Tender Greens, LLC d/b/a Tender Greens, 1201 West 5th Street, Suite T-310, Los Angeles, California 90017, with a copy to [email protected]. Such notice shall be deemed effective when received by Tender Greens via letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
(c) Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
(e) Export Control. You may not use, export, import, or transfer any part of the Service or any Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Products or such Service, and any other applicable laws. In particular, but without limitation, no Product and no part of the Service may not be exported or re-exported (i) to any United States (“U.S.”) embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You shall not use the Service or any Products for any purpose prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tender Greens are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any Products, any part of the Service, or any other technology of Tender Greens, either directly or indirectly, to any country in violation of such laws and regulations.
(f) Electronic Communications. All communications between you and Tender Greens are conducted through electronic means, whether you visit the Service or send Tender Greens e-mails, or when Tender Greens posts notices on any part of the Service or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Tender Greens in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tender Greens provides to you electronically satisfy any legal requirement for written communication. The foregoing does not affect your non-waivable statutory rights.
(g) Release. To the maximum extent permitted by law, You hereby irrevocably release Tender Greens, its affiliates and each of their officers, directors, employees, agents, and their successors and assigns from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arise from your use of the Service, including but not limited to, any interactions with or conduct of other users or third-party websites arising in connection with or as a result of these Terms or your use of the Service.
If you are a California resident, you hereby waive the protections of California Civil Code Section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(h) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tender Greens’ prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Tender Greens’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this Service in a merger, acquisition or sale of all or substantially all of Tender Greens’ assets.
(i) Force Majeure. Tender Greens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or other labor disputes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials.
(j) Questions, Complaints, Claims. If you have any questions or complaints with respect to the Site, Service, or Products provided by Tender Greens, please contact us by writing to: OTRB Tender Greens, LLC. d/b/a Tender Greens, 1201 West 5th Street, Suite T-310, Los Angeles, California 90017, with a copy to [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
(k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
(l) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Tender Greens
GIFT CARD TERMS & CONDITIONS
Last Updated: October 21, 2025
- About Your Card. Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program and is the sole legal obligor to the Cardholder. Physical Gift Cards are valid and enforceable only if obtained directly from a Tender Greens restaurant, the Tender Greens website at www.tendergreens.com (the “Site”), or another authorized distributor. E-Gift Cards are issued through the Tender Greens App or Site. When purchasing a Card through the Tender Greens App or Site, you will provide us a valid email address or shipping address for the delivery of the Card. Please ensure you type the recipient’s email address or shipping address correctly, as Tender Greens may be unable to cancel or refund a Card that is sent to an incorrect recipient. Additionally, you can save Physical Gift Card information into the Tender Greens App for use as an E-Gift Card through the Tender Greens App. The term “E-Gift Card” as used in this Agreement includes Physical Gift Cards for which the Physical Gift Card information is saved into the Tender Greens App or Site. When you use the Tender Greens App to purchase, use, load, reload or check the balance of a Card, the Terms and Conditions for the Tender Greens App and Rewards Program, available at https://www.tendergreens.com/legal-information/#tg-legal-app-toc will also apply. When you use the Site to purchase, use, load, reload, check the balance of a Card, or save Card information, the Site’s Terms of Use and Service, available at https://www.tendergreens.com/legal-information/#tg-legal-tos, will also apply. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Tender Greens expressly disclaims any responsibility for, and will not honor, Cards purchased from unauthorized sellers or resellers. Resale of Cards is strictly prohibited. Cards are not debit or credit cards. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. The purchase of Cards does not qualify for points under the Issuer’s loyalty rewards program. Purchases (excluding beer and wine) made using Cards as a form of payment do qualify for points under the Issuer’s loyalty rewards program.
- Balance Inquiries/Date of Issue. You can check your Card balance through the Tender Greens App or Site. For additional balance inquiries, please contact us by email at [email protected], or visit any Tender Greens restaurant. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted within twenty-four (24) hours after you make a purchase, but there may be occasions when the balance adjustment is delayed. Issuance dates for Cards are available by emailing [email protected].
- Expiration and Fees. Cards never expire. We do not charge any fees related to the Cards. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
- Redemption/Use. Except as set forth in this Agreement, Cards are redeemable and can be used for purchases of food, beverages, other eligible products and services, or as otherwise required by applicable law. Cards can be used in store at Tender Greens restaurants and for online ordering through the Tender Greens App or Site. Cards cannot be used to purchase another Card or towards previously purchased goods or services. Cards may not be redeemed for cash, credit, or gratuities except as expressly required under applicable law.
- No Consolidation. You may not consolidate or combine multiple Cards to purchase a new Card. We do not consolidate or combine multiple Cards into one Card.
- Saving Card Information Does Not Redeem Card. Saving Physical Gift Card information to your account through the Tender Greens App or Site does not redeem the value of the Physical Gift Card. Saving the information into your account makes the Physical Gift Card available for use through the Tender Greens App or Site.
- Saving Card Information Does Not Limit Card Use to App or Site. Saving Physical Gift Card information to your account through the Tender Greens App or Site does not limit you to using the Card solely through the Tender Greens App or Site. You can use the newly created E-Gift Card and also continue to use the corresponding Physical Gift Card.
- Exchange of Certain Cards. Certain Physical Gift Cards previously issued by Issuer (“Prior Cards”) may not be compatible with the Tender Greens App or Site and you may not be able to save the Physical Gift Card information into the Tender Greens App or Site for use as an E-Gift Card. If you are rightfully in possession of a Prior Card and would like to exchange such Prior Card for a Card that is compatible with the Tender Greens App and Site and that can be used as an E-Gift Card, please send an e-mail to [email protected] or contact us by phone at (888) 210-4033.
- Refunds. Cards are not refundable or redeemable for cash unless expressly required by applicable law. Please consult your local law.
- Replacement. You should carefully protect your Card to protect its value. Do not disclose your Card information or your Tender Greens App account information to anyone. If your Card, Card information or Tender Greens App account information is lost or stolen, anyone who obtains possession of it may use your Card. You are solely responsible for keeping your Tender Greens App account information safe and for any activity conducted under your account. The value of any lost, stolen, damaged, or destroyed Card will not be refunded, replaced or replenished, except with valid proof of purchase acceptable to Issuer, and only up to the remaining balance on the Card at the time it was reported lost, stolen, damaged, or destroyed. If you suspect someone has copied or stolen your Card, Card information or Tender Greens App account information, please contact us immediately by e-mail at [email protected] or by phone at (888) 210-4033.
- No Returns. Subject to the terms herein, you may not return or cancel your Card after it is purchased.
- Reloadable. All Cards are reloadable. Value may be added to your Card at any Tender Greens location. E-Gift Cards may also be reloaded through the Tender Greens App. You can link a payment method to your Tender Greens App account and use that payment method to reload your E-Gift Card. We will send you an email after each reload to let you know your E-Gift Card has been reloaded. Once the dollar value is loaded or reloaded, the transaction cannot be reversed. There may be a delay between the time when you load funds onto your Card and the time those funds are available for use.
- Limitations. You may not have more than five hundred dollars ($500) in value on your Card at any time, and no more than two thousand dollars ($2,000) may be associated with any Card in a single day. This means that the activity on any Card cannot exceed two thousand dollars ($2,000) over the course of a day. The total value you may load onto all of your Cards, together with the value of any new Cards that you may purchase, may not exceed ten thousand dollars ($10,000) on any given day. Issuer may decline to honor transactions that would exceed these limits.
- Our Privacy Policies. Information that you provide when purchasing a Card is subject to the following Privacy Policy, as incorporated herein: https://www.tendergreens.com/legal-information#privacy-policy.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THE TERMS OF THIS SECTION 15 (THIS “ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH TENDER GREENS AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY. (a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (m) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to this Agreement or the use, purchase, loading, reloading or acceptance of a Card that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of this Agreement and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement or through the use, purchase, loading, reloading or acceptance of a Card. (b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by e-mail or by mail. Any Notice to Tender Greens shall be sent to either [email protected] or 1201 West 5th Street, Suite T-310, Los Angeles, California 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding. (c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in Rule 12 of the ADR Services’ Arbitration Rules. The fees and costs of arbitration, including the arbitrator’s fees, shall be initially borne equally by the parties to the arbitration, unless otherwise required under applicable law, ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Tender Greens’ registered agent for service of process: CSC, P.O. Box 741003, Chicago, IL 60674-5023. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. (d) Additional Rules for Non-Appearance Based Arbitration. To the extent permitted by the ADR Services’ Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services’ Arbitration Rules. (e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations (i.e., the legal deadline for filing a claim). (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Services’ Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens. (g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court. (h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. THIS WAIVER IS INTENDED TO BE SEVERABLE TO THE MAXIMUM EXTENT PERMITTED UNDER THE FEDERAL ARBITRATION ACT AND CALIFORNIA LAW. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS, MASS, OR REPRESENTATIVE ACTION AGAINST TENDER GREENS. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect. (k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens. (l) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court. (m) Claims Not Subject to Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. (n) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.
- Disclaimer of Warranties. ISSUER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ISSUER AND ITS AFFILIATES MAKE NO WARRANTY THAT USE OF THE CARDS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISSUER, ITS AFFILIATES, OR OTHERWISE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ISSUER OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE CARDS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, OR OTHERWISE. ISSUER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE CARDS SHALL NOT EXCEED THE BALANCE REMAINING ON YOUR CARD(S) AT THE TIME OF THE CLAIM. IN THE EVENT THAT A CARD IS RENDERED NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 17 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- Indemnification. You agree to indemnify, defend, and hold harmless Issuer and its agents, employees, representatives, licensors, affiliates, officers, and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of the Cards; (b) your violation of this Agreement; or (c) your violation of any rights of any third party in connection with your use of the Card.
- Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws. With respect to any arbitration proceeding, Issuer and you also agree to apply The California Arbitration Act, as the same may be amended from time to time, which regulates private arbitration in California (see Cal. Civ. Proc. Code § 1280 et seq.).
- Assignment. The terms and conditions of this Agreement are binding upon you and any of your successors or assigns and anyone to whom you transfer or gift a Card or share a Card with via the Tender Greens App or Site. Any use of a Card (including shared Cards) shall constitute acceptance of the terms and conditions of this Agreement. All or any of Issuer’s rights and obligations hereunder may be assigned to a successor in interest to Issuer in a merger, acquisition, or sale of all or substantially all of Issuer’s assets. You may not assign this Agreement or your rights hereunder without Issuer’s prior written consent.
- Changes to this Agreement. Tender Greens may modify this Agreement at any time by providing notice in accordance with applicable law, including by posting the revised version on our Site (each a “Revised Version”). Tender Greens will provide notice of material modifications in a manner reasonably designed to reach Cardholders prior to effectiveness. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use, loading, or reloading of the Card after the effective date constitutes your acceptance of such Revised Version. PLEASE CHECK THIS AGREEMENT PRIOR TO ANY USE, LOAD, RELOAD,
- Fraud. Issuer may, in its sole discretion, suspend, cancel, or refuse to honor any Card where Issuer reasonably suspects that your use of the Card is unauthorized, fraudulent, or otherwise unlawful. All decisions made by Tender Greens regarding Cards are final.
- Conflicts. Except as otherwise provided in this Agreement, if any provision contained in this Agreement conflicts with any provision in any of the terms and conditions to which you are subject with the Issuer, the provision contained in this Agreement shall govern and control.
- Prohibited Uses. The Cards and related services are not intended to be used by any person who seeks or intends to use the Cards for the purposes of being a ‘tester’ plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who use the Cards in order to investigate, evaluate, test, or assess compliance with current consumer privacy laws and regulations, accessibility laws and regulations, or other laws of any jurisdiction, or for the purpose of creating, establishing, or gathering evidence to support claims against Tender Greens under such laws.”
- Miscellaneous. (a) Waiver. Any waiver or failure to enforce a provision of this Agreement on one occasion will not be deemed a waiver of that provision or of any other provision on any other occasion. (b) Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law. (c) Force Majeure. Issuer shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the internet or shortages of transportation facilities, fuel, energy, labor or materials. (d) Questions; Complaints. If you have any questions or complaints with respect to the Cards, please contact us by writing to: OTRB Tender Greens LLC, 1201 West 5th Street, Suite T-310, Los Angeles, California 90017, with a copy to [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. (e) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. (f) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Tender Greens
TERMS AND CONDITIONS FOR TENDER GREENS APP AND REWARDS PROGRAM
Last Updated: October 21, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, RECEIVING, OR USING THE TENDER GREENS APP OR REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT REQUIRING MANDATORY BINDING ARBITRATION SET FORTH IN SECTION 15, WHICH APPLIES TO YOUR USE OF THIS APP AND ENROLLMENT AND PARTICIPATION IN OUR REWARDS PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE THIS APP OR PARTICIPATE IN THE REWARDS PROGRAM.
- General Application of Terms
This TENDER GREENS App and associated Rewards Program (collectively, the “App”) are offered by OTRB Tender Greens, LLC, d/b/a Tender Greens and/or its subsidiaries, licensees, franchisees and affiliated companies (“Tender Greens”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the App offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and Tender Greens governing your use of the App, which includes its content, information, services, and features, and your participation in the Rewards Program.
- Eligibility
The App is designed for use by legal residents of the fifty (50) United States and the District of Columbia who: (1) are at least thirteen (13) years of age; (2) possess the legal capacity to enter into these Terms and Conditions; (3) are not prohibited from using the App under applicable law; and (4) have not been previously suspended or terminated from using the App.
The App is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. By using the App, you represent and warrant that you meet all eligibility requirements set forth herein. Tender Greens reserves the right to verify eligibility and to suspend or terminate access for users who do not meet these requirements. Additional eligibility requirements may apply to participation in the Rewards Program as set forth below.
- Modifications
Tender Greens reserves the right to modify these Terms and Conditions from time to time in its sole discretion. Any changes or modifications will be effective immediately upon posting to the App or our website and will govern all subsequent use of the App and Rewards Program. Upon such modification, Tender Greens will provide notice to you via email to the address associated with your account or through such other means as may otherwise be permitted or required under applicable law. You are responsible for maintaining current and accurate account information, including promptly updating your email address upon any change. All modifications to these Terms and Conditions will be posted and made available through the App. Your continued use of the App or participation in the Rewards Program following any modification shall constitute your acceptance of such modifications.
- Termination Rights
Tender Greens reserves the right, at any time and for any reason, with or without prior notice except where immediate termination is necessary for security, legal compliance, or prevention of harm, and without liability of any kind, to you, to: (1) modify, suspend, or terminate operation of or access to the App or any portion thereof; (2) change, revise, or modify the App or any portion thereof; (3) interrupt the operation of the App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license granted herein. Upon any termination pursuant to this section, all rights and licenses granted to you under these Terms and Conditions shall immediately terminate, and you must cease all use of the App.
- Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available through the App (collectively, the “Content“) are owned by or licensed to Tender Greens and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Tender Greens grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, sublicense, modify, adapt, create derivative works from, sell, or otherwise exploit, in whole or in part, this App or its Content.
The App is not intended to be accessed by any person who seeks or intends to access the Services for the purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Services in order to investigate, evaluate, test, and/or assess the App’s compliance with current consumer privacy laws and regulations, or the accessibility laws and regulations, of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the App discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against Tender Greens under such laws. Even if you are accessing the App for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access or use the App if one of the purposes for which you are accessing or using the App is to investigate, evaluate, test, and/or assess compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against Tender Greens under such laws.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Tender Greens reserves the right to prohibit any access, use, conduct, communications, or content that Tender Greens, in its sole discretion, deems to be harmful to this App, any Content, users, Tender Greens, its brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
- Rewards Program
Tender Greens offers the Tender Rewards Program (the “Rewards Program“) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Tender Greens restaurants in the United States. Points and Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
Notice of Financial Incentive:
- Summary of Financial Incentive: Through the Rewards Program, you may accumulate Points and Rewards to be used toward a complimentary food item.
- Material Terms: The material terms of the financial incentive of Tender Greens’ Reward Program are included below.
- How to Opt-In: You may opt-in to Tender Greens’ Rewards Program by following the “Enrollment/Rewards Account” instructions below.
- Right to Withdraw: You have the right to withdraw from the Rewards Program at any time by providing notice, consistent with Section 16(b) below, with the subject line “Request to Withdraw.”
- Explanation of How the Financial Incentive is Reasonably Related to the Value of the Consumer’s Data: We determine how the Financial Incentive is reasonably related to the value of your data by calculating a good-faith estimate of the average value to Tender Greens of the sale, collection, or use of your data or a typical consumer’s data based on factors including but not limited to the cost of providing the rewards, the revenue generated from increased customer visits, and the value of the data for business analytics and marketing purposes.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Tender Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
- Click here to create a Rewards Account;
- Create a Tender Rewards Account on Tender Greens online ordering site located at order.tendergreens.com; or
- Download the Tender Rewards mobile application to your Android™ or iPhone® device and create a Rewards Account. You may also follow the prompts to create a Rewards Account through your Facebook account.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.
As part of the Rewards Program, Tender Greens may send you transactional, informational, and promotional messages and/or offers. Such communications may be delivered via push notifications through the App to your device, email, SMS or text message (for which message and data rates may apply), and/or through other methods you may have selected upon enrollment in the Rewards Program or to which you have thereafter consented. If your contact information changes, or if you wish to change your contact information or the methods by which Tender Greens sends you messages, you must log into your Rewards Account and update your contact information or preferences. Tender Greens will not be liable for any delays in the receipt of any SMS messages or undelivered messages. Tender Greens will provide opt-out and unsubscribe options as required by applicable law, including those made available via your account and/or email settings. For SMS messages, you may opt-out by replying STOP to any text message you receive from us. You may contact Tender Greens for assistance with any opt-out via [email protected].
Earning Points and Offers for Rewards: You may earn and receive Points (as defined below) that may be redeemed for rewards, which are benefits, discounts, or other items provided by Tender Greens (“Rewards”), as follows:
Qualifying Purchases: Members will earn and receive Points by making qualified purchases at participating Tender Greens restaurants or otherwise participating in promotional activities, special offers, or other program activities by Tender Greens from time to time. You will earn one Point per $1.00 of net purchase price actually paid (each a “Point”), excluding the purchase of Tender Greens Physical Gift Cards or E-Gift Cards, sales tax, gratuities, delivery charges, third-party service fees, bag fees, or any other ineligible charges as determined in Tender Greens’ sole discretion, the terms of which are available here at www.tendergreens.com/gift-cards. Taxes, tips, and fees, including without limitation, delivery fees, third-party service fees, and bag fees, may also be excluded and ineligible for Points.
To receive Points for a qualified purchase, you must either scan the barcode on your receipt or scan your QR code at the register using the built-in scanner in the App, or upload a photo of your receipt within seven (7) days of your purchase to verify that your purchase meets the minimum purchase requirement of $1. Following this verification, Points will be applied to your Rewards Account. You may track your Points and available Rewards by accessing your Rewards Account through the App or at order.tendergreens.com. Points for qualifying purchases from participating stores are automatically added to your Rewards Account within twenty-four (24) hours. From time to time, Tender Greens, or others acting with its permission, may offer special promotions that provide bonus points (“Bonus Points“). Bonus Points will be awarded as described in the applicable promotional or special offer and will be subject to any additional terms set forth in such offer. You should read each offer carefully for specific details, expiration dates, limitations, and restrictions.
Tender Rewards Program Levels and Rewards Marketplace:
Currently, there are varying items you can redeem at different point thresholds:
- With forty (40) points, you will qualify for a free chocolate chunk or salted caramel cookie.
- With fifty (50) points, you will qualify for a free side of mashed potato, brown rice, seasoned fries, or sushi rice.
- With sixty (60) points, you will qualify for a free agua fresca, hibiscus ginger, or mint lemonade.
- With seventy-five (75) points, you will qualify for a free order of seasonal vegetables, braised beans, mac & cheese or farro wheat.
- With one hundred (100) points, you will qualify for a free kids meal, or a free cup of roasted tomato or rustic chicken soup, or green pozole.
- With one hundred fifty (150) points, you will qualify for a free chicken pesto pasta or Bolognese, or a free a la carte protein.
- With two hundred (200) points, you will qualify for a free sandwich or burger.
- With three hundred (300) points, you will qualify for ten percent (10%) off your entire order.
- With four hundred (400) points, you will qualify for a free plate, bowl, or sandwich, or fifteen percent (15%) off your entire order.
You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon.
Point Expiration. Beginning November 17, 2025, Points will expire three hundred sixty-five (365) days after they are earned. Any unused Points earned in 2025 will expire on October 15, 2026. We will provide notice via email prior to any Points expiration.
You can view and track your Points balance and available offers by using the Tender Rewards App. Tender Greens reserves the right to change the benefits and rewards associated with each Points threshold of the Rewards Program in its sole discretion at any time with reasonable notice to Rewards Program participants.
Fraud, Abuse, and Misuse. All Points, Rewards, and participation privileges are subject to verification by Tender Greens. Tender Greens reserves the right to withhold, suspend, or revoke any Points, Rewards, or benefits if Tender Greens determines, in its sole discretion, that you engaged in fraud, abuse, or other misuse of the Rewards Program.
Social Media Sharing. You may share your Tender Greens experience through the App. When you elect to make any comment, review, photo, video, or other content publicly available through the App, you acknowledge and agree that such content may be viewed by other users and used by Tender Greens. By making any content public, you hereby grant to Tender Greens a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable, and transferable license to use, reproduce, adapt, publish, distribute, display, modify, and otherwise use such content in any media or format now known or hereafter developed, including without limitation, on the Tender Greens website, social media platforms, and in marketing materials. You represent and warrant that you own or have obtained all necessary rights to grant this license and that the content does not infringe any third-party rights.
Additional Rewards Program Terms: Tender Greens reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Rewards Account, or that the use of your Rewards Account is unauthorized, deceptive, fraudulent or otherwise unlawful. Tender Greens may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Tender Greens also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for twelve (12) months. Inactive is defined as no Points earned, redeemed, or other account activity.
Tender Greens has the right at any time, with reasonable notice except in cases of program termination due to legal requirements or business necessity, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements, including, without limitation, the number of Points required, for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
- Login and Registration
Certain features or services offered on or through the App may require you to complete a registration process and/or setup an account and/or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.
Account Security: You are entirely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other authentication methods. Where available the App may offer additional security features such as two-factor authentication or biometric authentication (including Face ID, Touch ID, or similar technologies). If you enable biometric authentication, your biometric data is stored locally on your device and is not collected, stored, or transmitted to Tender Greens’ servers. You may disable biometric authentication at any time through your device settings. You agree to notify Tender Greens immediately of any unauthorized use of your account, or any other suspected breach of security. You are solely responsible for all activities that occur under your account. You may be held liable for losses incurred by Tender Greens or any other App user due to someone else using your account as a result of your failure to keep your account credentials secure and confidential.
You may not use anyone else’s account or login information. Tender Greens shall not be liable for any loss or damage arising from your failure to comply with these obligations.
- Mobile App
If you download or access the App through the Apple App Store and/or Google Play Store, you agree to the following:
- These Terms and Conditions are entered into between you and Tender Greens only, not Apple and/or Google, and Tender Greens is solely responsible for the App;
- The license granted to you under these Terms and Conditions to use the App is non-transferable;
- Tender Greens is solely responsible for providing any maintenance and support services with respect to the App;
- Tender Greens is solely responsible for any warranties as articulated in these Terms and Conditions;
- You and Tender Greens are solely responsible for addressing any claims relating to product liability, the App’s failure to conform with any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation;
- In the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Tender Greens is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country” and that you are not listed on a U.S. Government list of prohibited or restricted parties;
- The contact information for Tender Greens to which any questions, complaints, and/or claims can be directed is located below;
- You and Tender Greens agree that Apple and Google, and Apple and/or Google’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of these Terms and Conditions, Apple and/or Google will have the right to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS APP, THE CONTENT, AND THE REWARDS PROGRAM IS AT YOUR OWN RISK. ALL PARTS OF THE APP, CONTENT AND REWARDS PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TENDER GREENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TENDER GREENS MAKES NO WARRANTY THAT ANY PART OF THE APP, CONTENT OR REWARDS PROGRAM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH USE OF THE APP, CONTENT OR REWARDS PROGRAM ARE OBTAINED AT YOUR OWN RISK, AND TENDER GREENS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENDER GREENS OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENDER GREENS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF TENDER GREENS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- International Users
This App is controlled, operated, and administered by Tender Greens from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
- Privacy
Please review our Privacy Policy located at https://www.tendergreens.com/privacy-policy (the “Privacy Policy”), which is incorporated herein by this reference and also governs your use of the App, to understand Tender Greens’ privacy practices. Residents of certain states may have additional privacy rights under applicable state laws, including but not limited to rights regarding the collection, use, and disclosure of personal information. Information regarding such rights, where applicable, can be found in our Privacy Policy. Tender Greens provides you with options to control personalized experiences via your choices regarding the enabling of location services and sharing of personal and non-personal information via the App.
- Accessibility
Tender Greens is committed to ensuring that the App and our services are accessible to all users, including individuals with disabilities. We strive to comply with the Americans with Disabilities Act (ADA), the California Unruh Civil Rights Act, and other applicable accessibility laws and standards, including the Web Content Accessibility Guidelines (WCAG). We are continuously working to improve the accessibility and usability of the App and our services. If you encounter any accessibility barriers while using the App or need assistance accessing our services, or if you would like to request reasonable accommodations, please contact us at [email protected]. We will make reasonable efforts to provide alternative methods for accessing the App’s functionality and to address accessibility concerns in a timely manner. Feedback regarding the accessibility of the App is welcomed and will help us improve our services for all users.
- Indemnification
You agree to indemnify, defend and hold harmless Tender Greens and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) whether direct or indirect, foreseeable or unforeseeable resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the App, its content, or the Rewards Program; (b) any information you submit or transmit through the App; (c) your violation of these Terms and Conditions; (d) your violation of any rights of any third party in connection with your use of the App; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the App.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the terms of this Section 15 (this “Arbitration Agreement”) carefully. It is part of your contract with Tender Greens and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.
(a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and Conditions, use of the App, and enrollment or participation in the Tender Rewards Program that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and Conditions and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tender Greens, and to any of your or Tender Greens’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms and Conditions.
(b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by via e-mail or by mail. Any Notice to Tender Greens shall be sent to either [email protected] or 1201 W. 5th Street Suite T-310, Los Angeles, CA 90017. After Notice is received, you and Tender Greens may attempt to resolve the claim or dispute informally. If you and Tender Greens do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding.
(c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 12. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must also serve Tender Greens’ registered agent for service of process: Registered Agent Solutions, Inc., 1220 S ST STE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
(d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, and the specific manner shall be chosen by the party initiating the arbitration, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules.
(e) Time Limits. If you or Tender Greens pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tender Greens. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tender Greens.
(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS, MASS, OR REPRESENTATIVE ACTION AGAINST TENDER GREENS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(k) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tender Greens.
(l) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Tender Greens may bring an individual action in small claims court.
(m) Claims Not Subject To Arbitration. Notwithstanding anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
(n) Courts. In the event any litigation should arise between you and Tender Greens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.
- Miscellaneous
(a) Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. In the event of any dispute, the California Arbitration Act (“CAA”), Cal. Civ. Proc. Code § 1280 et seq, shall apply
(b) Notice Where Tender Greens requires you to provide an e-mail address, you are responsible for maintaining a current and valid e-mail address with Tender Greens. In the event that the last e-mail address you provided to Tender Greens is not valid, or for any reason is not capable of delivering any notices required or permitted by these Terms and Conditions, Tender Greens’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may provide notice to Tender Greens only at the following address: OTRB Tender Greens, LLC d/b/a Tender Greens, 1201 West 5th Street, Suite T-310, Los Angeles, California 90017, with a copy to [email protected]. Such notice shall be deemed effective when received by Tender Greens via letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
(c) Waiver. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Severability. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
(e) Export Control. You may not use, export, import, or transfer any part of the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, no part of the App may be exported or re-exported (i) to any United States (“U.S.”) embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the App, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You shall not use the App for any purpose prohibited by U.S. law, including without limitation the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that the App and any other products, services or technology provided by Tender Greens are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer any products, the App, or any other technology of Tender Greens, either directly or indirectly, to any country in violation of such laws and regulations.
(f) Electronic Communications. All communications between you and Tender Greens are conducted through electronic means, whether you use the App, send Tender Greens e-mails, or when Tender Greens posts notices on any part of the App or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Tender Greens in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tender Greens provides to you electronically satisfy any legal requirement for written communication. The foregoing does not affect your non-waivable statutory rights.
(g) Release. You hereby release Tender Greens, its affiliates and each of their respective officers, directors, employees, agents, and their successors and assigns from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of the App, Content, or Rewards Program, including but not limited to, any interactions with or conduct of other users or third-party websites arising in connection with or as a result of these Terms and Conditions or your use of the App, Content, or Rewards Program.
If you are a California resident, you hereby waive the protections of California Civil Code Section 1542, which provides:
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.
(h) Assignment. The Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tender Greens’ prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Tender Greens’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Tender Greens’ assets.
(i) Force Majeure. Tender Greens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, failures of the Internet or shortages of transportation facilities, fuel, energy, labor or materials.
(j) Questions, Complaints, Claims. If you have any questions or complaints with respect to the App, Rewards Program or services provided by Tender Greens, please contact us by writing to: OTRB Tender Greens, LLC d/b/a Tender Greens, 1201 West 5th Street, Suite T-310, Los Angeles, California 90017, with a copy to [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
(k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
(l) Entire Agreement. These Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
