Legal

Panda Restaurant Group, Inc. Terms & Conditions for Services

Last Updated: June 30, 2022

These Terms and Conditions for Services (“Terms”) apply to your access to and use of the websites, mobile applications and other online or digital products and services (collectively, the “Services”) provided by Panda Restaurant Group, Inc., and its affiliates, subsidiaries, and related entities including, but not limited to, Panda Express, Panda Inn, Wasabi, Yakiya, Hibachi San, and any other entities or locations owned or operated by Panda Restaurant Group, Inc. (“Panda” or “we” or “our” or “us”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION PROVISION IN SECTION 15, WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our Services, please contact us at [email protected] For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. ELIGIBILITY

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. USER CONTENT

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Panda.

You grant Panda a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, including to use them for any commercial or other purpose whatsoever. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Panda;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Panda or others to any harm or liability of any type.

Enforcement of this Section 4 is solely at Panda’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

5. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Panda or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. TRADEMARKS

Unless otherwise indicated, all content and other materials therein, including, without limitation, the Panda logo, our product or service names, our slogans and the look and feel of the Services are trademarks of Panda and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

7. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Panda or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Panda’s sole discretion. You understand that Panda may treat Feedback as nonconfidential.

8. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Panda’s designated agent as follows:

Designated Agent:
Attn: Corporate Legal Team
Panda Restaurant Group, Inc.

Address:
1683 Walnut Grove Avenue
Rosemead CA 91770

Telephone Number:
(626) 799-9898

E-Mail Address:
[email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Panda for certain costs and damages.

9. THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Panda does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Panda and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Panda Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Panda Parties of any third-party Claims, cooperate with Panda Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Panda Parties will have control of the defense or settlement, at Panda's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Panda or the other Panda Parties.

11. DISCLAIMERS

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Panda does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Panda attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Panda and the other Panda Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Panda or the other Panda Parties have been advised of the possibility of such damages.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Panda or the other Panda Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. RELEASE

To the fullest extent permitted by applicable law, you release Panda and the other Panda Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”

14. TRANSFER AND PROCESSING DATA

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

15.1 Agreement to Arbitrate

You and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda’s agent, representative or employee. You and Panda agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of these Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law.

15.2 Claims Subject to Arbitration

Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your agreement to these Terms.

15.3 Excluded Claims

15.4 Class Action Waiver and Jury Waiver

You and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial (“Jury Trial Waiver”). This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California.

15.5 Arbitrability Determinations

If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.

15.6 Arbitration Rules, Procedures, and Costs

For any Covered Claim that you have against Panda, or Panda has against you, the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”). If such Notice is being sent to Panda, it shall be sent by email at [email protected] or by certified mail addressed to:

Attn: Corporate Legal Team
Panda Restaurant Group, Inc.
1683 Walnut Grove Avenue
Rosemead, CA 91770

If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should (a) include the claiming party’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the address above. You and Panda agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Panda. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.

15.7 Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law).

A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in Section 15.6.13. above, Panda shall (i) not be required to advance or pay arbitration costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your claim was frivolous or in bad faith) if such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by subpart Section 15.6.12 and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this Section 15.7. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this Section 15.7 unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This section 15.7 is inapplicable in California and in any other jurisdiction where this term is prohibited by law.

15.8 Severability

If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.

16. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17. MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

18. UPDATES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

19. SEVERABILITY

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

20. MISCELLANEOUS

The failure of Panda to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Panda Restaurant Group, Inc. Privacy Policy

LAST UPDATED: DECEMBER 31, 2019

The following statement discloses the privacy practices of Panda Restaurant Group, Inc., and its affiliates, subsidiaries and related entities including, but not limited to Panda Express, Panda Inn, Wasabi, Yakiya, and Hibachi San locations owned and operated by us (collectively, “Panda” or “we” or “us”). We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide through various channels such as our websites, mobile apps, visiting our stores and other interactions (collectively “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using our Services, you agree to this Privacy Policy, the Legal Statement and all applicable laws governing its use. Be sure to check this page periodically for updates, as your continued use of the Services signifies your acceptance of any changed terms. Panda reserves the right to revise this Privacy Policy at any time and without notice. Any such revision will be effective immediately upon its posting on this website.

INFORMATION COLLECTION

We collect several types of information from and about users of our Services. Information collected may include contact information, demographic information and opinions, including information by which you may be personally identified, such as name, postal address, e-mail address, user ID, telephone number, payment information or any other identifier by which you may be contacted online or offline ("personal information"). This includes information provided when you enter a contest or promotion sponsored by us, when you report a problem with our Services, if you contact us or if you respond to surveys that we might ask you to complete for research purposes. Some information collected is about you but individually does not identify you, such as your age, occupation or place of residence and about your internet connection, the equipment you use to access our Services, and usage details. We collect this information directly from you when you provide it to us, automatically as you navigate through the site or from third parties, for example, our business partners.

INFORMATION YOU GIVE

The information we collect on or through our Services may include information that you provide by filling in forms on our website, participating in surveys, sweepstakes, or other programs. You may provide financial information if you visit our restaurants.

You may also permit us to access information directly from your device, such as information in the “contacts list". If you submit someone else’s personal information to us (e.g., someone else’s contact information), you represent that you are authorized to provide this information to us.

In the "Careers" section of our websites we have an employment application. The completion of this form is voluntary, and all information collected is routed to Human Resources in the form of an e-mail or hiring/recruiting website. Information you submit online through this website may be shared by and among Panda and its subsidiaries and affiliates. We protect the confidentiality of such information sent to Panda.

INFORMATION COLLECTED AUTOMATICALLY

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including but not limited to details of your visits to our website, like traffic data, location data, logs, and other communication data and the resources that you access and use on the website. We may collect personal information via your cell phone, smartphone, and tablet such as your internet connection, including your IP address, operating system, and browser type. If you use any location-enabled products, you may be sending us location information. Panda does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of our the website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

INFORMATION COLLECTED FROM THIRD PARTIES

Panda uses a variety of new technologies and social media options to communicate and interact with you. We do occasionally provide links to third party websites on our websites. These websites and mobile applications include popular social networking and media sites, such as, Instagram, Twitter and Facebook. We add these links to provide further information and enjoyment of your web experience from our websites. Panda tries to thoroughly review the websites we link to; however, we are not responsible and have no control over the content, privacy practices, policies or information collection practices of those pages. These websites may use their own cookies or solicit personally identifiable information from you. Panda does not capture or store your login information or other personal information for these services, however session info or cookies may be stored.

You may opt-out of the use of the Google Analytics advertising features at https://tools.google.com/dlpage/gaoptout. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

USE OF INFORMATION

We will not sell the information to any unaffiliated third parties in any way not described in this statement, or authorize any of our third party partners to sell any such personal information. We only gather personal information as disclosed in this policy. We do not explicitly authorize third parties unaffiliated with Panda to make independent use of your information for their own purposes, such as for direct marketing.

We may at any time administer surveys, hold contests, or supply special offers to our database of users who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation in any of these on-line programs is voluntary, and you will always have the option to not supply information and/or opt out of programs. Information may be used by third parties working on our behalf to respond to a request or contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. We do not make any of the information collected available to third parties other than solely on our behalf.

The information collected may be combined with other information collected about you and may be used to help us better understand and serve our customers including, without limitation to, responding to your requests for information and/or services, providing you with information about new products or services, enhancing our customers’ and website users’ experiences in our restaurant locations or on this website and conducting research and analysis and to otherwise measure the effectiveness of Panda’s online and offline marketing efforts.

We may use the information we collect about you to:

  • Process your purchases of or requests for our products and services;
  • Communicate with you about orders, purchases, accounts, services, contests, and sweepstakes;
  • Respond to your customer service inquiries and requests for information;
  • Inform you about our brands, products, events, or other promotional purposes;
  • Maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
  • Detect, prevent, or investigate security breaches, fraud or other crime;
  • Maintain appropriate records for internal administrative purposes;
  • Deliver gift cards in accordance with your instructions; and/or;
  • Comply with applicable law.

SHARING OF INFORMATION

We may share your information between and among Panda, its subsidiaries, franchisees, licensees, lenders, affiliated companies, investors and/or third party service providers. Panda may share your information with vendors who provide services to us, such as fulfilling orders, managing promotions, contests, and sweepstakes, and carrying out research and analysis. We may share your information for marketing purposes. If we decide to sell or transfer all or part of our business, we may share your information to anyone involved in the sale or transfer. Panda may share your information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our online services. We may share your information as necessary if required by law, to bring or defend legal claims, or to protect the rights, interests, safety and security of our organization, our employees or partners, or our customers.

AGE RESTRICTIONS

We love having your children visit our websites with you however, child privacy law states you cannot provide us with personal information if you are under the age of 13. If you do provide us with personal information, you represent that you are at least 13 years old. We ask that parents register any Panda Cards purchased for their children in the name of the parent or guardian. We do not knowingly request, solicit or collect personal information from any person we know to be under the age of 13. In the event that we receive actual knowledge that we have collected or received personal information from anyone under the age of 13, we will immediately delete that information from our database as soon as practicable. If a parent or guardian becomes aware that his or her child has provided personally identifiable information or otherwise made posts to this website, the parent or guardian should contact us so that we can delete such information.

California Privacy Rights

View general Privacy Policy

YOUR RIGHTS UNDER THE CCPA

Consumers residing in California are afforded additional rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) (California Civil Code Section 1798.100 et seq.). If you are a California resident, this section applies to you.

If you are a California resident, you have the following rights as to Panda under the CCPA:

  • Right to request disclosure of information that we collect, use, disclose or sell.
  • Right to request deletion of your personal information collected or maintained by us.

You also have the right not to receive discriminatory treatment for exercising these CCPA rights. Panda does not and will not discriminate against you for doing so.

Panda does not and will not sell your personal information and does not sell personal information of minors under 16 years old.

EXERCISING YOUR CCPA RIGHTS

To make a request to know or a request to delete, you may submit your requests by one of the following methods:

  • Contact us here
  • Call us at (800) 877-8988

AUTHORIZED AGENTS

If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf.

NOTICE AT COLLECTION

In the preceding 12 months, we have collected the following categories of personal information:

  • Identifiers, such as name, postal address, e-mail address, user ID, telephone number, and IP address
  • Payment information, such as credit card number
  • Employment related information, such as occupation
  • Internet or other electronic network activity information, such as browsing history or device information
  • Geolocation, such as when you use your Panda app to find nearby restaurant
  • Demographic information, such as age, sex, income level, ethnicity, employment, location, and level of education

We collect personal information for the business and commercial purposes, including but not limited to:

  • Counting ad impressions to unique visitors
  • Verifying positioning and quality of ad impressions
  • Maintaining or servicing accounts
  • Responding to customer service inquiries and requests
  • Processing purchases, payments and transactions
  • Verifying customer information
  • Advertising or marketing
  • Maintaining, improving, upgrading, and enhancing our websites, mobile apps, products and services
  • Providing our food, products, goods, information and services
  • Detecting, preventing and investigating security incidents, data breaches, fraud, or other illegal activity
  • Internal administrative purposes;
  • Delivering gift cards
  • Complying with applicable law

As noted, we do not and will not sell your personal information. This is our privacy policy, the web address for which is https://www.pandaexpress.com/legal#privacypolicy.

NOTICE OF FINANCIAL INCENTIVE

We may at any time hold contests or provide special offers to users in our database who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation is voluntary, and our guests always have the option to not supply information and/or to opt out. Information collected may include contact information, demographic information and opinions. Information may be used by third parties working on our behalf to contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. The contests and special offers reasonably related to the value of the consumer’s data.

Panda Rewards Program Terms & Conditions

LAST UPDATED: [09.16.2022]

These Panda Rewards Program Terms and Conditions govern your membership in the Panda Restaurant Group, Inc. (“Panda”) Rewards Program (“Panda Rewards” or the “Program”). Panda Rewards is also subject to the Terms and Conditions for Services and Privacy Policy, incorporated herein by reference (collectively with these Panda Rewards Program Terms & Conditions, the “Terms”). Panda requires that all individuals enrolled in the Program (“Member”, “you” or “your”) agree to the Terms. If you do not agree, you should not sign up for the Program. By enrolling in the Program, you indicate your acknowledgment and acceptance of the Terms. These Panda Rewards are intended to supplement (not change) the Terms and Conditions for Services and discloses information about guests, how to update or change your personal information, and how we communicate with you.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION PROVISION IN SECTION 12, WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS AND WAIVE YOUR RIGHT TO A TRIAL BY JURY.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our services, please contact us at [email protected] For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

  1. Membership

    Panda Rewards is available to legal residents of the United States where Panda has made the Panda Rewards available. Panda Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. All Members must be at least 13 years of age. For any legal resident of the United States who is not at least 18 years of age or older at the time of registration, a parent or guardian must review, agree, and be responsible for compliance with the Terms. Membership requires a valid email address to enroll. You may also elect to provide other information, including your birthday. No business entities, third-party aggregators, organizations, or groups may register for the Program or obtain any benefits from the Program. Panda reserves the right to limit participation at any time. A Member’s account must be in “good standing” in order to receive the benefits of the Program. “Good Standing” means the account is not banned, suspended or deactivated.

  2. Rewards Program

    Panda Rewards is a guest rewards program that allows registered Members to earn points for purchases that can be redeemed for menu items or other rewards (“Rewards”), which are subject to availability at Participating Panda restaurants. One (1) “Panda Point” is awarded for every ten cents ($0.10) spent on Qualifying Purchases (based on total after discounts, excluding applicable taxes and fees). “Qualifying Purchase(s)” is a purchase of food, beverage or in-store merchandise equal to or greater than one cent ($0.01). Panda Points are earned from Qualifying Purchases and can be applied towards the purchase of eligible food and drink once you have earned the required number of Panda Points to do so. Please see section 2.4(a) for purchases that are not considered Qualifying Purchases. There is no fee to join the Program. Participation in the Program is for personal use only, and may not be sold, transferred, assigned to, or shared with, family, friends or others, or used for any commercial purpose, except as otherwise provided for in these Terms. You may have only one (1) Panda Rewards account that is personal to you.

    1. Account Identification to Receive Panda Points

      1. To receive credit for your in-store transaction, your account must be identified at the time of purchase. If ordering in-store, you will be required to provide your Member QR Code or your telephone number (telephone number must match with the telephone number listed in your account) at the point of checkout. Your unique rewards code or telephone number is necessary to get credit for any Panda Points you may be entitled to. If you order via the Panda Express mobile application or on the Panda Express website, you must be logged into your account to receive Panda Points.

      2. If you order on the Panda Express website or via the Panda Express mobile application, you must be logged into your Member account in order to receive Panda Points.

      3. In the event you have forgotten to identify yourself as a Member after making a Qualifying Purchase, you may claim Panda Points by entering the unique rewards code printed on the bottom of the receipt into your account. This can be done online at PandaExpress.com, or via the Panda Express mobile application. ALL CLAIMS FOR PANDA POINTS AFTER PURCHASE MUST BE SUBMITTED TO PANDA WITHIN SEVEN (7) DAYS OF THE PURCHASE DATE.

    2. Panda Points

      1. Panda Points are earned at participating Panda Express locations. Participating locations currently exclude Panda Express locations in hospitals, airports, sports arenas, or student centers or similar locations. Be sure to check that a location is participating prior to making an order. Panda Points are earned for a Qualifying Purchase, transaction, or activity. In some cases, it may take twenty-four (24) hours or more for Panda Points to be credited to a Member’s account. Panda may modify the number of Panda Points needed to earn any Reward (as defined below) and will communicate that change to all Members prior to its implementation. Panda Points earned on orders placed for a future time/date will remain in a pending state until the order has been completed. Panda Points for any single Qualifying Purchase or activity may only be credited to the Member account associated with the Qualifying Purchase or activity.

      2. Panda shall not be responsible for any losses, costs or expenses incurred by a delay or error in crediting Panda Points. Panda Points are purely promotional and have no cash value and are not redeemable toward cash, gift certificates or gift cards. All Panda Points in a Member’s account expire after one (1) year (365 days) of no Qualifying Purchase associated with the Member’s account.

      3. All Panda Points in a Member’s account expire upon termination, deactivation or closure of the account. Panda reserves the right to adjust point earning and redemption values at any time. Panda reserves the right to terminate, deactivate or close a Member’s account that has been inactive for 24 consecutive months without notice to Member, unless otherwise required by law. A Member’s account is considered inactive if no Panda Points have been earned in connection with such Member’s account (as determined by Panda in its sole and absolute discretion on the basis of its records). In the event that a Member’s account is terminated, deactivated or closed, then all Panda Points, any Rewards or other benefits associated with that Member’s account will be cancelled and deactivated.

      4. Panda Points are only earned when making a Qualifying Purchase using a gift card, not on the purchase of, unless there is a promotion to earn Panda Points for gift card purchases.

      5. Canceling or voiding Qualifying Purchases will deduct any earned Panda Points for that Qualifying Purchase.

      6. From time to time, we may offer Members opportunities to earn extra Panda Points, “Bonus Panda Points,” through special promotions. These promotional Bonus Panda Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

    3. Panda Points Calculation

      Panda Points earned on Qualifying Purchases will be rounded up to the nearest whole number

      Example: A Qualifying Purchase of $6.41 will earn 65 Panda Points. $6.41 x 10 Panda Points per dollar = 64.10 Panda Points; rounded to the nearest whole number for a total of 65 Panda Points earned.

    4. Panda Point Restrictions

      There are certain restrictions and limitations on Panda Points.

      1. Items not eligible for earning Panda Points include:

        1. Tax, Tip, Delivery Fees, Service Fees;

        2. Donations

        3. Alcohol

        4. Gift Card Purchases (unless through a special promotion)

        5. Purchases made in the online Panda Swag Shop; and

        6. Purchases made through third party platforms (e.g., Door Dash, Postmates, GrubHub, etc.).

      2. Free premium upgrades, unless otherwise stated, will only apply to one (1) small entree and cannot be used on Family Meals or bundles.

      3. Good Fortune Gifts (as described below) expire at midnight Hawaii Standard Time HST on the fourteenth (14th) day that they were earned unless otherwise stated.

      4. Panda Points, Rewards, Offers and Member Benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. However, the Program may allow a Member to donate or gift Panda Points and/or Rewards in certain limited instances. All such instances may be subject to additional terms set forth at the time of offering.

      5. Attempts to redeem single-use offers and verification codes for Rewards multiple times or through multiple users constitute fraud and may result in the suspension or deactivation of your account.

  3. Redeeming Panda Points

    1. Rewards Generally

      1. Panda Points can be converted to Rewards in the Panda Express Rewards Shop (the “Rewards Shop”). The Rewards Shop may include, but is not limited to, additional entree upgrades, premium upgrades, free menu items and donations to the Panda Cares Foundation. Not all Panda Express locations have the ability to earn Panda Points or redeem Rewards. Panda Points can be earned, and Rewards can be redeemed at participating locations only. Panda Points and Rewards are not transferable and have no cash value. If Panda Points are used to unlock Rewards and the Rewards remain unused for a period of 2 hours, then the Reward will be cancelled, and the Panda Points used to unlock such Rewards will revert back to the Member’s account.

      2. Taxes are not charged on the dollar value of the Reward when redeemed by the Member. Taxes are only charged on the subtotal (after discount).

      3. The Reward value does not qualify towards any purchase or delivery minimum.

      4. Multiple Rewards cannot be combined. Only one (1) coupon, promotion, Birthday Gift, Good Fortune Gift, Offer, or Reward can be used in any single order, unless otherwise specified.

    2. Pick Your Birthday Gift Reward

      1. The Birthday Gift may require a purchase and may incur additional charges if a premium item is selected.

      2. Members are eligible for a Pick Your Birthday Gift Reward (“Birthday Gift”) provided: the Member has added their birthdate to their profile; and the account is in good standing. A Birthday Gift will be presented within the month of the qualifying Member’s birthday, as indicated within their profile. A Birthday Reward will only be rewarded to Members that meet the qualification criteria once every 365 days.

      3. Recipients of a Birthday Gift will have the ability to choose a single offer from a list of multiple gift options.

      4. To redeem the Birthday Gift: a Member must have their selected Birthday Gift in their digital order basket or included in their register transaction at checkout in-store. If more than one (1) of the Birthday Gift options is in the cart or order, the greater value of the options will apply to the purchase.

      5. Panda reserves the right to alter, change or terminate the Birthday Gift at any time.

      6. Birthday Gifts are valid for thirty (30) days from the date of receipt by Member.

  4. Additional Member Benefits

    1. Good Fortune Gift

      1. A Good Fortune Gift may require a purchase and may incur additional charges if a premium item is selected.

      2. For Members in good standing, the first Qualifying Purchase of the month activates a Good Fortune Gift. Members must agree to be notified by email and/or push notifications to qualify to receive Good Fortune Gift.

      3. Good Fortune Gifts expire within 14 days of a Member’s receipt of the offer. A Member may become eligible for their next Good Fortune Gift: (i) on the first day of the month; (ii) after making a Qualifying Purchase; and (iii) provided that the Member is in good standing. Panda reserves the right to discontinue Good Fortune Gifts and/or change the cadence of offers at any time.

    2. Offers

      1. From time to time, Panda will send special offers to Members (“Offers”) provided that Members agree to receive email and/or push notifications. Offers may be customized by Member. Please review Offers carefully as they will have varying expiration dates. Some Offers may need to be activated in order to be added to the Member’s account. In order to receive email or push notifications of Offers, Members must have opted into email or push notifications and the account must be in good standing.

      2. In some cases, Members qualify to receive a digital sample with online orders. A “digital sample” is a free sample of a menu item that may be included in your order. Digital samples are offered at checkout at participating restaurants (while supplies last). Selection of digital samples may vary depending on inventory availability. Panda does not guarantee the availability or frequency of this type of Offer.

  5. Rewards, Gifts and Offer Restrictions

    Only one (1) coupon, promotion, Reward, Good Fortune Gift, Birthday Gift or Offer can be applied to any order, unless otherwise specified.

  6. Authorization to Collect Information and Permission to Market to Members

    By enrolling in the Program, you acknowledge and agree (i) that you may be asked to provide personal information about yourself, including but not limited to, your name, address, zip code, email address, phone number, date of birth, and menu preferences, (ii) that the information you provide will be used by Panda, its subsidiaries, affiliates and third party partners as necessary to operate the Program and provide you the benefits and Rewards described herein, and (iii) that we may use your personal information to send you marketing information, which may include, but not be limited to, marketing emails, text messages (if you affirmatively opt-in), push notifications (unless your push notifications are turned off), direct mail pieces, and special communications about upcoming offers or promotions that we feel may be of interest to you. Opting into text messages is not required to participate in the Program or to make a purchase. If you opt-in to receive marketing text messages from Panda, you understand that recurring marketing text messages will be sent from Panda via an autodialer to your mobile number. Message and data rates apply.

  7. Opting Out of Marketing

    1. Members will be enrolled to receive marketing material from Panda as part of the enrollment process. You may opt out of receiving Panda Rewards promotional mail or emails, or modify the push notifications settings at any time by: (a) using the unsubscribe link in the message (where such message is via an online channel such as email); or (b) making changes to your communications preferences in our mobile application or website (at www.PandaExpress.com/login). If you have opted in to receive Panda Rewards marketing via text message, you can opt-out at any time by replying STOP to any message. Please be sure to include your current information and the requested changes you would like us to make to your marketing profile in your communication. You may also cancel or modify our text or email marketing communications you receive from us by following the instructions contained within our promotional emails or texts. Push notifications may be turned off in the Settings of your mobile phone.

    2. You can opt out of marketing materials and still participate in the Program, however, please understand that you will not receive all the great offers the Program offers.

    3. Allow ten (10) business days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from Panda. We will retain your information for legitimate business purposes or as required by law.

  8. Updating Member Information

    You may update and/or correct your Member information via our mobile application or membership portal at www.PandaExpress.com/member. Your Member information must be correct in order to receive the benefits and Rewards of the Program. Emails and phone numbers are unique, and Panda may require you to verify the information.

  9. Cancellation By Member

    You may cancel your membership at any time by (i) notifying us online at www.pandaexpress.com/contact-us, or (ii) via the Panda Express website and mobile application by selecting “Account” on the navigation bar, selecting “Account Details”, and selecting “Delete Your Account”. . Cancellation may take up to four (4) weeks to process. Any Member account which has been inactive (where no Qualifying Purchases have been made or Panda Points have been earned, as determined by Panda in its sole and absolute discretion on the basis of its records) for 24 consecutive months may automatically be canceled without notice to you, unless otherwise required by law. Upon cancellation, all membership Panda Points, Rewards, Gifts, and benefits will be cancelled and deactivated.

  10. Abuse of the Program

    We may invalidate or void Panda Points from your account, or terminate and/or suspend your account and right to participate in the Program, in the event we determine, in our sole and absolute discretion, that (i) you are ineligible to participate pursuant to the Panda Rewards, (ii) you have violated any terms or conditions of the Program or any applicable laws, or (iii) you committed any other fraud, abuse or circumvention of the Program and its policies and procedures. If we terminate and/or suspend your account, we reserve the right to void any Rewards not already issued. If your Panda Points are forfeited for any reason, we will not reinstate the Panda Points to your account.

  11. Disclaimer of Representations and Warranties

    THE PROGRAM, AND ANY ONLINE ACCOUNT MANAGEMENT SYSTEM OR APPLICATION RELATED TO THE PROGRAM, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN PANDA REWARDS OR IN ADDITIONAL TERMS PROVIDED BY PANDA, PANDA HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

  12. Dispute Resolution, Binding Arbitration

    PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

    1. Agreement to Arbitrate

      You and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda’s agent, representative or employee. You and Panda agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of these Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law.

    2. Claims Subject to Arbitration

      Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your agreement

    3. Excluded Claims

      1. The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of California law subject to federal preemption (including claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.

      2. In the event you or Panda choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.

    4. Class Action Waiver and Jury Waiver

      You and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial (“Jury Trial Waiver”). This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California

    5. Arbitrability Determinations

      If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.

    6. Arbitration Rules, Procedures, and Costs

      For any Covered Claim that you have against Panda, or Panda has against you, the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”). If such Notice is being sent to Panda, it shall be sent by email at [email protected] or by certified mail addressed to

       

      Attn: Corporate Legal Team
      Panda Restaurant Group, Inc.
      1683 Walnut Grove Avenue
      Rosemead, CA 91770

       

      If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should (a) include the claiming party’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to the address above. You and Panda agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Panda. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.

      1. The parties agree that the applicable AAA rules are modified as follows:

        1. Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law.

        2. No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.

        3. All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible, without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.

        4. The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).

        5. Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.

        6. The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.

        7. The Federal Rules of Evidence shall apply to all arbitration proceedings.

        8. For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.

        9. The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.

        10. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.

        11. The parties may settle any dispute on a mutual basis without involvement of the arbitrator.

        12. If you initiate arbitration, you will pay the first $250, and Panda will pay all other filing, administrative, or hearing fees. If Panda initiates arbitration, Panda will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.

        13. A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the arbitrator, except that if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance together with proof of service thereof. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings and, following the issuance of the arbitrator’s award, the offeror may file a motion for costs with the arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted.

    7. Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law).

      A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in Section 12.6(a)(xii) above, Panda shall (i) not be required to advance or pay arbitration costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your claim was frivolous or in bad faith) if such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by subpart Section 12.6(a)(xii) and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this Section 12.7. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this Section 12.7 unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This Section 12.7 is inapplicable in California and in any other jurisdiction where this term is prohibited by law.

    8. Severability

      If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.

  13. Right to Change/Modify/Cancel

    Panda reserves the right in its sole discretion to amend, modify, limit, restrict and/or terminate the Program or any aspects or features of the Program at any time without prior notice to Members. Any changes Panda makes will be effective immediately on notice, which we may give either by posting the new terms on www.PandaExpress.com or via e-mail. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Terms periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Terms. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Panda.

  14. General

    You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law. We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. We have no other obligation with respect to the Program beyond those described in the Panda Rewards.

  15. Customer Service

    For questions or assistance regarding the Program, please contact us online at www.pandaexpress.com/contact-us, or by postal mail to Panda Restaurant Group, Inc., Attn: Guest Care, PO Box 1159, Rosemead, CA 91770.

Diversity and Inclusion

Panda Restaurant Group, Inc., was built on a foundation of diversity, equity and inclusion. When first generation immigrants Andrew and Peggy Cherng opened the original Panda Inn in 1973, they did so with the commitment of achieving the American Dream for themselves and their extended family of Associates.

Today, our Company proudly employs associates in over 2,000 company-owned stores, and across several restaurant concepts, including Panda Express, Panda Inn, & Hibachi-San. We respect and appreciate our Associates’ varied journeys in life, including however they wish to identify, as well as their unique backgrounds, experiences, thoughts and ideas. By embracing and uplifting our Associates at every level, we will not only meet their needs, but also the needs of our communities.

In 2013, we established a Diversity, Equity and Inclusion Council and selected our first Chief Diversity Officer to continue elevating the importance of diversity, equity and inclusion in our business. The Council is comprised of Support Center and Operations ambassadors who are challenged to solicit feedback, share insights and champion actions that drive inclusion and engagement efforts reflecting the diversity of our guests, associates and communities.

At Panda Restaurant Group, Inc., we will achieve our vision of becoming a world leader in people development by fostering an environment of inclusion and belonging, creating a workplace where opportunity and growth are not only possible but achievable.

CA Supply Chain Act

CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT OF 2010

Panda's standard agreement for its food sourcing suppliers does not require suppliers to comply with applicable labor laws, although Panda is considering doing this in 2012. Panda, however, conducts annual assessments of its food sourcing suppliers. In addition, Panda expects to expand this assessment to obtain additional information about these vendors' activities related to the California Transparency in Supply Chains Act of 2010, including, where appropriate, preliminary risk assessment and supplier assessment questions, and later steps may take the form of requests for certification and/or audits. Panda primarily utilizes a third party for verification and audit processes. Panda also expects to evaluate whether supplemental training and/or changes in accountability standards and procedures for employees and/or contractors are appropriate.

Accessibility Statement

Panda Restaurant Group, Inc. is committed to providing excellent service to all of our guests, including those with disabilities.

To accomplish this, Panda Restaurant Group, Inc. has based its web accessibility standards on the W3C Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA success and conformance criteria. Here, at Panda Restaurant Group, Inc., we believe our continued efforts toward conforming to this standard will provide our guests with accessible content and an enjoyable experience.

Just some of the steps that are being taken toward providing more accessible web content include, but is not limited to, dedicating resources to digital accessibility, performing multi-layer accessibility testing and analysis of new and updated web content.

Gift Cards Terms & Conditions

Do Not Sell My Personal Information

Mobile Text Program

By providing your telephone number, you are subscribing to Panda’s Mobile Text Program and provide express written consent to receive text messaging from Panda Restaurant Group, Inc., including its affiliates, subsidiaries, agents and service providers (“Panda” or “we”) for any purpose, including but not limited to marketing various services from Panda. 

You understand and agree that Panda’s Terms and Conditions for Services are incorporated into, and become part of, Panda’s Mobile Text Program Terms and Conditions (and both documents are together, the “Panda Text Program”). The terms apply only if you have opted in to a text messaging program of Panda. 

THE PANDA TEXT PROGRAM CONTAINS AN ARBITRATION PROVISION WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

Additionally, you agree to receive recurring communications from Panda regarding any Service, and any information Panda may have obtained via your use of our website(s). You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, “in-app”, Instant Messenger, or other similar means. Note, regardless of whether your phone number is registered on a state or federal “Do Not Call List” you consent to receive recurring communications from Panda.

By enrolling in the Panda Text Program, you certify that you are authorized to: (a) enroll the designated mobile phone number in the Panda Text Program, and (b) incur any mobile message or data charges that may be incurred by participating in the Panda Text Program. We are not responsible for any charges to you regarding these communications. All related charges and fees are billed by and payable to your mobile service provider. Further, you understand that your consent to receive text messages is not a condition of purchase of any products or services, and no purchase is necessary. The Privacy Policy describes how we collect, use, and share information.

Panda may contact you with the opportunity to register for special promotions or programs via mobile text messaging and other wireless services. You consent to receive such information from Panda, either by registering on our website or via your mobile device. The information requested as part of the online registration process may include, but is not limited to, a user's telephone number or an email address (only if specifically requested), and your mobile carrier's name. When you opt-in to the service, we will send you a message to confirm your signup. Message and data rates may apply.

Users may revoke their consent to receive messages to their mobile telephone number from Panda. A user may cancel services via his or her wireless device at any time by using the unsubscribe mechanism provided by Panda at the time the message is sent, or by sending a text message that says "STOP". We will cancel all of the user's registered text messaging marketing alerts with Panda. After requesting to opt-out you will receive one additional message confirming that your request has been processed. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving text messages, you may still receive marketing email messages if you’ve opted in to receiving them. You can also opt-out of text messaging marketing alerts by 1) calling Panda’s toll-free number: (800) 877-8988; 2) visiting our website at https://www.pandaexpress.com/; or 3) sending us a request via our mailing address at Guest Care, P.O. Box 1159 Rosemead, CA 91770.

Contact Us

If you have a privacy concern, complaint, or question about our Privacy Policy, please contact us to change how we use your information. You may contact us via Panda Express Guest Care at [email protected], via our toll-free number: (800) 877-8988 or by clicking here. We will respond to questions or concerns within 10 days.