EFFECTIVE DATE: December 6, 2022

Note: Our Terms of Service have been updated.

We are so glad you are joining us online. We hope that you will visit us for lunch or dinner soon.

Leeann Chin, Inc., and its affiliates, subsidiaries, divisions or designees (collectively, “Leeann Chin,” and as the context may require, “us”, “our”, or “we”) have created these Terms of Service (“Terms”) to govern the use of www.leeannchin.com and all other websites, mobile websites, mobile applications and other services offered or operated by Leeann Chin, as well as the products and services accessible through or provided by our restaurants (collectively, the “Services”).

TERMS OF SERVICE HIGHLIGHTS

Please also read our full Terms of Service

You Accept These Terms

Each time you access or use the Leeann Chin Applications or our Services, you agree to be bound by these Terms and any additional terms that will apply to you. More info

Binding Arbitration of All Disputes; No Class Relief

Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief. More info

Disclaimer of Warranties

We disclaim warranties and provide each Leeann Chin Application “As is.” More info

Limitation of Liability

Our liability is limited. More info

Privacy

Please read about how we collect, use, and share your information as outlined in our Privacy Policy. More info

Contact

Questions about our Terms may be sent to us at https://www.leeannchin.com/contact-us or as otherwise set forth in the Terms. More info

TERMS OF SERVICE

EFFECTIVE DATE: December 6, 2022

1. Acceptance of Terms of Use and Non-Transferability.

Age Requirements.

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using our Services, you accept and agree to all terms, conditions, and notices contained in or referenced on the Services and these Terms. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Please read these Terms carefully. They are a legally binding agreement between you and Leeann Chin and govern your use of the Services (however accessed or used, whether via personal computers, mobile devices, or otherwise), and any other means in which you connect with us or use the Services.

Binding Agreement.

Each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to any provisions of these Terms, you must discontinue using the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and perform legal agreements and abide by these Terms. Leeann Chin may change any Services without prior notice.

Updates to Terms of Service.

Leeann Chin may update or change these Terms at any time by posting or providing the most current version of the Terms on the Leeann Chin Applications. All such changes will be effective as of the new Effective Date shown. Your continued use of the Leeann Chin Applications and Services after we post any changes to the Terms signifies your agreement to any such changes. Note that special terms or rules may apply to some Services, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms and any rules, restrictions, limitations, terms, or conditions that may be posted on the Leeann Chin Applications or otherwise communicated to you, we will determine, in our sole discretion, the order in which those items will control.

Electronic Communications.

By accessing the Services you consent to receiving these Terms in electronic form and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

Modification to Services.

Leeann Chin, Inc. has the right in its sole discretion to modify, replace or delete any features, components or the appearance of the Services, including any of the websites, functionality, Leeann Chin, Inc. Content (described below) or Services. If you are dissatisfied with any changes made pursuant to this provision or any policies or practices of Leeann Chin, Inc. in providing Leeann Chin, Inc. Content or any Services, your sole remedy is to stop using our Services.

2. MOBILE APPLICATION TERMS (IF APPLICABLE).

Right to Use App.

Each Leeann Chin mobile application (each a “Leeann Chin Application”) is not being sold to you. Instead, you are granted a personal, non-exclusive and non-transferable license to install and use the Leeann Chin Applications on mobile devices you personally own or control. You are granted only the limited use rights to the Leeann Chin Application. For example, you may not and you may not allow a third party to decompile, reverse engineer, or make copies of the Leeann Chin Application; distribute or republish, upload, post or transmit the Leeann Chin Application in any way; or transfer the Leeann Chin Application to any third party in any way, subject to applicable law. If you download software from a Leeann Chin Application, the software, including all files and images and accompanying data are licensed to you by us or our third-party licensors.

Use of Leeann Chin Applications.

Your mobile device must meet all the necessary technical specifications to enable you to access and use our Leeann Chin Application. You must use an appropriate device to access and use the Apple, Android or other operating system used by the Leeann Chin Application. Use or modification of the Leeann Chin Application for any unlawful purpose or purpose not specified herein violates our and third-party intellectual property rights. Any and all rights in the Leeann Chin Application are and shall remain our exclusive property or its licensors. You will not take any action to jeopardize, limit or interfere with our or our licensor’s rights. Your mobile device service operator may charge costs associated with downloading, installing, accessing and using the Leeann Chin Application. Those costs are your responsibility. Mobile carriers are not liable for delays in the receipt of any SMS messages or undelivered messages. You must comply with all rules governing the Leeann Chin Application. Please use the Leeann Chin Application only when it is lawful and safe to do so.

Information Collected.

Information collected from your installation and use of the Leeann Chin Application, and your ability to access that information, and your choices for receiving communications from us are set forth in our Privacy Policy.

Third-Party Applications and Software.

You acknowledge and agree that by downloading any Leeann Chin Application or software that allows you to access the Services, you will abide by the terms of service and/or end-user license agreement furnished at the time of download, as updated from time to time. If there is any third party software or other intellectual property embodied in the Leeann Chin Application, such material is subject to the rights, title, and interest of such third parties and any unauthorized use or copying is prohibited and subject to the terms of the respective third party’s end user license agreement.

Apple Terms.

These Terms incorporate the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Terms therein (“Apple Terms”). If the Leeann Chin Application that you access and use is an Apple application, the Apple application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS.

You acknowledge and agree that:

(i) Apple has no obligation at all to provide any support or maintenance services in relation to the Apple application. If you have any maintenance or support questions in relation to the Apple applications, please contact Leeann Chin, Inc., not Apple, using the contact information described in Section 8 below;

(ii) although these Terms are entered into between Leeann Chin, Inc. and you (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you with respect to the Apple Terms;

(iii) except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple application are between you and Leeann Chin (and not between you, or anyone else, and Apple); and

(iv) in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim.

You represent and warrant that:

(i) you are not, and will not be, located in any country that is the subject of a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) if the Apple application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple application to you subject to then-current Apple terms and conditions. Subject to the foregoing and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple application or as a result of you or anyone else using the Apple application or relying on any of its content.

3. Intellectual Property Rights.

Proprietary Rights.

Leeann Chin owns trademarks for its Services, including without limitation, Leeann Chin, and Leeann Chin Rewards. These and all other Leeann Chin logos and service marks (collectively, “Marks”) are trademarks of Leeann Chin and may not be used without our prior written consent. All materials and content published on or accessible through the Services, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, software, plug-ins, data, sounds, messages, comments, and the compilation of all content included on our Services (collectively “Leeann Chin Content”) are also owned or licensed by Leeann Chin and are protected by laws governing copyrights, patents, trademarks, trade secrets, and other proprietary rights. We have granted you a license to view and use the Leeann Chin Content subject to these Terms. Unless otherwise specified, the Leeann Chin Content is available to you for your personal and non-commercial use only. You may not sell, modify, reproduce, display publicly, or otherwise use the Leeann Chin Content in any way for any public or commercial purpose. Any reprinting or electronic reproduction of any Leeann Chin Content in whole or in part, for any public or commercial purpose is expressly prohibited.

Linking.

If you have a website and wish to establish temporary or permanent links from your website to a Leeann Chin Application, you must link to our homepage only. You may not link to another location within any Leeann Chin Application without our written permission.

User Content.

There may be opportunities to post content (“User Content”) on Leeann Chin Applications. By posting User Content on Leeann Chin Applications, you certify that: (i) any information contained in the User Content is not confidential; (ii) you are the sole owner and copyright holder of the User Content (which includes all photos, videos, stories, and any other information) or you have obtained whatever rights from the copyright owners are necessary for your posting of the User Content; (iii) the User Content does not infringe any privacy or intellectual property rights of any individual or entity, including the photographer who took the photos or videos you have submitted, or identifiable persons depicted in those photos or videos; and (iv) the User Content does not contain any material that otherwise violates any law or the rights of any third party.

By submitting or posting any User Content on or to Leeann Chin Applications, you grant Leeann Chin and its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable, perpetual, and unrestricted license to use, modify, reproduce, transmit, display, and distribute the User Content, in whole or in part, or in conjunction with other materials, for any purpose whatsoever, including advertising and trade purposes to the extent permitted by law. You waive all moral rights with respect to the User Content and you acknowledge that Leeann Chin is relying upon, and would not use the User Content you submit in the absence of, these terms.

We may, in our sole discretion, remove User Content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights, or reflects unfavorably on Leeann Chin, but have no obligation to do so. Leeann Chin is not liable or responsible for any User Content provided by any third parties on or to any Leeann Chin Application. Contributions to our Leeann Chin Applications by third parties do not necessarily represent the view or opinions of Leeann Chin. Leeann Chin may or may not preview User Content before it appears on our Leeann Chin Applications. Users can be held liable for any illegal or prohibited User Content they provide to Leeann Chin Applications, including among other things, infringing, defamatory, or offensive materials. If you discover this kind of material on Leeann Chin Applications, please promptly notify us at https://www.leeannchin.com/contact-us so that we may investigate and take appropriate action.

Digital Millennium Copyright Act.

Leeann Chin has designated an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Leeann Chin Applications which allegedly infringes another person’s copyright.

Filing a Complaint.

If you believe any materials on Leeann Chin Applications infringe a copyright, you should provide us with a request to take down the allegedly infringing material in the form of a written letter, sent by regular mail only (“DMCA Takedown Notice”), which at a minimum includes:

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address (if available);
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice.

If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only (“DMCA Counter-Notice”), which at a minimum includes:

  • Identification of the copyrighted work (or works) that was removed by Leeann Chin and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
  • Your name, address, telephone number, and email address (if available);
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
  • A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.

When we receive a DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice and we will reinstate the allegedly infringing material unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent addressed as follows:

Leeann Chin, Inc.
Attn: Legal Department
3600 American Boulevard West #165
Bloomington, MN 55431

You should contact the DMCA Agent only for delivering copyright infringement notices and counter-notifications. The DMCA Agent will not answer any other inquiries.

4. Disclaimer of Warranties and Limitation of Liability.

Your use of Leeann Chin Applications is at your sole risk. Neither Leeann Chin, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Providers”), warrant that Leeann Chin Applications will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, or any harmful, invasive, or malicious codes or programs (collectively, “malicious content”) or any other defects. The information, products, and services published on our Leeann Chin Applications may contain inaccuracies or typographical errors. Providers make no warranty as to the results that may be obtained from the use of Leeann Chin Applications or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through Leeann Chin Applications. From time to time the prices of our food in our restaurants may be higher or lower than those prices available through Leeann Chin Applications. In that event, the prices on our menus at each restaurant location will govern the price you will pay.

Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEEANN CHIN AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.


NEITHER LEEANN CHIN NOR ANY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES, OR THAT YOUR USE OF THE SERVICES WILL OTHERWISE MEET YOUR EXPECTATIONS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

NEITHER LEEANN CHIN NOR ANY PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO LEEANN CHIN APPLICATIONS OR ANY RELATED SERVICES. THE OPERATION OF LEEANN CHIN APPLICATIONS MAY BE INACCESSIBLE DUE TO OR INTERFERED WITH BY, NUMEROUS FACTORS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER LEEANN CHIN NOR ANY PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE LEEANN CHIN APPLICATIONS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF LEEANN CHIN OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM LEEANN CHIN, THE PROVIDERS, OR LEEANN CHIN APPLICATIONS, AND WILL APPLY TO ALL DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, MALICIOUS CONTENT, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LEEANN CHIN RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LEEANN CHIN OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE ON OR THROUGH LEEANN CHIN APPLICATIONS OR LEEANN CHIN.

SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE LEEANN CHIN APPLICATIONS OR THE SERVICES, FROM MISTAKES ON LEEANN CHIN APPLICATIONS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

SPECIAL STATE DISCLOSURES

New Jersey Residents. The following are modifications to the provisions in this Section 4 and apply only to consumers who are residents of New Jersey. Except as modified below, the provisions in Section 4 above remain unchanged and applicable to N.J. residents:

Leeann Chin’s disclaimers or waiver of liability for damages incurred by you for any interruption, malfunction, impossibility of access, or poor conditions of the Services or for any other reason will not apply to damages directly caused by Leeann Chin’s gross negligence or willful misconduct. In addition, Company’s disclaimer of warranty as to mistakes, omissions, interruptions, deletion of files or email, errors, defects, malicious content, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Leeann Chin records, programs, or services (excluding third-party content or information) is not applicable. However, Leeann Chin does not guarantee that the use of the Services will meet your expectations.

Leeann Chin’s limitation of liability does not apply to you for damages arising out of personal injury, property damage, negligence or willful misconduct, or any other cause of action arising from the acts of Leeann Chin but does apply to the acts or omissions of third parties. Company’s aggregate liability for all claims under any circumstances will not exceed the lesser of $1,000.00 or your actual, out-of-pocket costs and damages. For the avoidance of doubt, in no event will Leeann Chin be liable for special, incidental, or consequential damages as stated in these Terms.

California Residents: If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

5. Use of Services.

Online Conduct.

You agree to use Leeann Chin Applications and any Services only for lawful purposes. Without limitation, you may not use Leeann Chin Applications for any of the following: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering with, disrupting, or attempting to gain unauthorized access to other accounts on Leeann Chin Applications or any other computer network; (vii) disseminating or transmitting malicious content; (viii) damaging, disabling, overburdening, or impairing any Leeann Chin server, or the network(s) connected to any Leeann Chin server, or interfering with any other party’s use and enjoyment of any Leeann Chin Applications; (ix) gaining unauthorized access to any Leeann Chin Applications, accounts, computer systems or networks connected to any Leeann Chin server or to any Leeann Chin Application through hacking, cracking, distribution of counterfeit software, password mining or any other means; (x) reverse engineering, decompiling or disassembling any software accessed through Leeann Chin Applications; (xi) discussing the mechanics of sweepstakes, contests, or similar promotions available on or through Leeann Chin Applications with the intent of manipulating, corrupting or otherwise affecting the outcome of any such promotions, or posting, uploading, transmitting, sending, or otherwise making available any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, or limitations applicable to such promotion; or (xii) engaging in any other activity deemed by Leeann Chin in its sole discretion to be in conflict with the spirit or intent of Leeann Chin Applications.

Monitoring.

Leeann Chin reserves the right to monitor all network traffic to Leeann Chin Applications. Leeann Chin may block unauthorized attempts or intrusions to upload or change information or cause damage to Leeann Chin Applications in any fashion. Anyone using Leeann Chin Applications expressly consents to such monitoring.

Termination.

We may terminate your access to Leeann Chin Applications immediately without notice if, in our sole discretion, you fail to comply with any term or provision of these Terms.

International Users.

Leeann Chin Applications can be accessed from locations around the world. Leeann Chin makes no representations that Leeann Chin Applications, or the content available through Leeann Chin Applications, are appropriate for use at other locations outside the United States. Access to Leeann Chin Applications from locations where Leeann Chin Applications or any of its content is illegal is prohibited. If you access Leeann Chin Applications from a location outside the United States, you are responsible for compliance with all local and international laws.

Security.

If you use Leeann Chin Applications, you are responsible for restricting access to your computer and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via Leeann Chin Applications, including email address, credit card number, and other payment-related information.

Payment Verification.

Leeann Chin may refuse service or decline orders for any reason. As a condition to accepting payment, Leeann Chin may, in its sole discretion, require you to provide written verification and proof of your identity by supplying us with a copy of government-issued photo identification.

Third-Party Links.

The Services contain links to other websites. These websites are not under the control of Leeann Chin, and the existence of a link from the Services does not imply any endorsement of the linked websites by Leeann Chin or any affiliation between Leeann Chin and the owners of the linked websites. Leeann Chin makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Leeann Chin has no responsibility to you with respect to such material. Leeann Chin encourages you to examine the privacy policies and terms of use of any third-party website.

Data Collection Policy.

No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user while accessing our Services without our prior express written permission.

6. Resolution of Disputes.

Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act (“FAA”).

Resolution of any Dispute.

If a dispute arises between you and Leeann Chin, we want to provide you with an efficient, neutral, and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by writing to us:

Leeann Chin, Inc.
Attn: Guest Relations Manager
3600 American Boulevard West #165
Bloomington, MN 55431

If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed: Binding Arbitration.

YOU AND LEEANN CHIN AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS BINDING ARBITRATION. INSTEAD OF SUING IN COURT, YOU AND LEEANN CHIN EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO LEEANN CHIN’S INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. These Terms to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Claims”). The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Jury Trial Waiver.

YOU AND LEEANN CHIN EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS, THE SERVICES, OR THE LEEANN CHIN APPLICATIONS.

Class Action Waiver.

All arbitrations under these Terms shall be conducted by a single arbitrator who shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibits you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).

Arbitration Procedures.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to Leeann Chin shall be sent to the following address: Leeann Chin, Inc., 3600 American Boulevard West #165, Bloomington, MN 55431 USA. All notices to you will be sent to the email provided in your account.

All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.

Choice of Law.

Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Leeann Chin (except for small claims actions) may be commenced only in the federal or state courts of Minnesota. You hereby consent to the jurisdiction of those courts for such purposes.

Resolution of Disputes for Non-U.S. Residents.

If any controversy, allegation, or Claim (including any non-contractual claim) arises out of or relates to the Services or Terms and you are a non-U.S. resident, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to Leeann Chin, Inc., 3600 American Boulevard West #165, Bloomington, MN 55431 USA. For a period of sixty (60) days from the date of receipt of notice from the other party, Leeann Chin and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Leeann Chin to resolve the dispute on terms either you or Leeann Chin, in each of our sole discretion, are unsatisfactory. Nothing in this Section will prevent a party from pursuing their Claims in court or another complaint process.

7. Miscellaneous.

Survival.

If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination such as Leeann Chin’s Rights, Legal Notices, Resolution of Disputes, and General.

Severability.

If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable, or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.

No Third-Party Beneficiaries.

You agree that except as otherwise expressly provided in these Terms there aren’t any third party beneficiaries to these Terms.

U.S. Export Controls.

Software from our Services shall be not be exported or re-exported (i) into (or to a national or resident of) the Crimea region of Ukraine, Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Permission to Contact You.

When you provide us with contact information such as an email address or telephone number in connection with our Services or login to the Services, you agree that this action establishes a business relationship giving us permission to communicate with you using your contact information. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, push notification, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving, in accordance with applicable law. You expressly authorize us and our service providers to communicate with you about our Services using the information you provided to us. You attest that you have the legal authority to provide us and/or third parties with the authorization to contact you. Please be sure to give us updated contact information; you are solely responsible for the accuracy of any of the contact information you provide to us.

No liability for Accumulated Content.

When using the Services, you may accumulate content that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved, or transferred at any time for any reason in our sole discretion with or without notice and with no liability of any kind. You acknowledge that notwithstanding any rights you may have with respect to User Content, you have no ownership rights in your account and, if your account is terminated or deactivated, all your account information may be deleted. Leeann Chin AND ITS AFFILIATES DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY ACCOUNT INFORMATION RESIDING ON LEEANN CHIN’S SERVERS AND HAS THE RIGHT TO DELETE SUCH ACCOUNT INFORMATION AT ANY TIME FOR ANY REASON.

Entire Agreement.

These Terms, and policies incorporated herein, are the entire agreement between you and Leeann Chin. They supersede any and all prior or contemporaneous agreements between you and Leeann Chin relating to your use of the Services. Leeann Chin may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Leeann Chin to partially or fully exercise any rights or the waiver of Leeann Chin of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Leeann Chin or be deemed a waiver by Leeann Chin of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Leeann Chin under these Terms and any other applicable agreement between you and Leeann Chin shall be cumulative. If any provision of these Terms is declared or found to be unlawful, unenforceable, or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions shall remain fully enforceable.

8. Questions or Comments.

If you have any questions or comments concerning our Terms, you may contact us at https://www.leeannchin.com/contact-us, or by sending your inquiry in writing with your current contact information to:

Leeann Chin, Inc.
3600 American Boulevard West #165
Bloomington, MN 55431

Copyright © 2022, Leeann Chin, Inc. All rights reserved.