Last Revised: February 04, 2022

 

These terms and conditions of use (the “Terms”) govern your use of our online interfaces and properties, including our websites and mobile applications, and any loyalty program or other program or services (collectively, the “Site”). Please read these Terms carefully before using this Site. The Site is owned or controlled by Rainbow Asian LLC. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Rainbow Asian LLC, you agree to and are bound by the terms, conditions, policies and notices contained in the Terms. From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. This Site is offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Binding Arbitration 

 

These Terms provide that all disputes, controversies, or claims arising between you and Rainbow Asian LLC will be resolved by BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any and all disputes with Rainbow Asian LLC.

 

Ownership of the Site

 

Content on this Site that is provided by Rainbow Asian LLC or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Rainbow Asian LLC Content") is the property of Rainbow Asian LLC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

 

You agree not to download, display or use any Rainbow Asian LLC Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Rainbow Asian LLC, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Rainbow Asian LLC and/or its licensors, that dilutes the strength of Rainbow Asian LLC or its licensor's property, or that otherwise infringes Rainbow Asian LLC or its licensors’ intellectual property rights. You further agree to in no other way misuse any Rainbow Asian LLC Content or third-party Content that appears on this Site.

 

Privacy

 

Please also consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms and you agree to our use and sharing of the information we collect about you as described in our Privacy Policy.

 

Site Access and Restrictions

 

The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Rainbow Asian LLC in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

 

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

 

Violations of system or network security may result in civil or criminal liability. Rainbow Asian LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

 

Accounts; Passwords

 

The Site is not intended for use by anyone who has not yet reached the legal age of majority (which in most jurisdictions is either 18 or 21). If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site.  Rainbow Asian LLC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. 

 

Rainbow Rewards Loyalty Program

 

The Rainbow Asian LLC Rainbow Rewards Loyalty Program (the 'Program') is a reward program offered by Rainbow Asian LLC. Enrollment, membership, and all related benefits of the Program, including the use of the Program website or mobile application, are offered to you by Rainbow Asian LLC, at its discretion. The Program is restricted to participating Rainbow Asian Cuisine restaurants located within the 50 United States, excluding U.S. territories (“Participating Restaurants”). Your participation in this Program is subject to these Terms including any changes made to these Terms in the future. The Program is subject to cancellation or modification at any time without notice.

 

Eligibility

 

“Eligible Guests” must be a legal resident of the 50 United States (excluding U.S. territories), and have a valid email address and telephone number. Eligible Guests must also have reached the age of majority in their jurisdiction of residence (but no younger than 18 years of age) as of the date of enrollment. The Program is provided to individuals only. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Program. All memberships are non-transferable.

 

Enrollment

 

To become a member of the Program, Eligible Guests must enroll, complete all required information, and successfully accept these Terms (each, a “Member”). Guests can choose to enroll in the Program through the program website (https://www.rainbowasian.com/rainbow-rewards-program) at participating Rainbow Asian LLC locations, as available. The following Guest information is required to enroll in the program: full name, birth month and birth year, email address, phone number, zip code, and credit card.

 

All information submitted must be truthful and accurate. It is the Member’s responsibility to ensure that the information provided remains current, and to promptly notify the Program (by updating the Member’s profile) of any changes. The Member is responsible for restricting access to and maintaining the confidentiality of his/her account and password and agrees to accept responsibility for the activities of anyone using the Member’s password. Any use or interaction with the Program is considered acceptance of these Terms.

 

Each Eligible Guest may only have one account. Two or more Members cannot combine or merge accounts for any reason; an individual Member that has multiple accounts (except in instances of fraud) can request that their accounts be merged. Rainbow Asian LLC reserves the right at any time to limit Program enrollment, or to establish different rules for Program participation.

 

If a Member is suspected of fraud or theft or has otherwise acted illegally, or is in violation of these Terms, Rainbow Asian LLC may void membership, temporarily or permanently suspend the suspected account(s), and the Member may be prevented from creating a new account. If a membership is voided, all points and benefits earned or obtained through the Program are also voided without remedy unless otherwise determined in the sole discretion of Rainbow Asian LLC. These rights are in addition to any other legal or equitable remedy that may be available to Rainbow Asian LLC under applicable law. 

 

Earning

 

Members will earn five (5) percent back for every one hundred ($100) U.S. dollars spent on eligible purchases.

 

Eligible purchases do not include the purchase of Rainbow Asian LLC Gift Cards, taxes, surcharges, rewards, gratuity, and certain promotional offers. Other exclusions may apply, including alcohol where prohibited by law. Please ask your participating location whether alcohol is excluded. Orders made through third-party delivery platforms (e.g. Doordash, Grubhub, UberEats, etc.) may not qualify as purchases toward member status or receipt of points. These purchases are also not eligible to receive points as a missed transaction request. Orders placed by or on behalf of third-party aggregators, groups, organizations, and business entities will not generate qualifying purchases and will not count toward your member status or receipt of points. 

 

In order for the Member to earn points, the Member’s phone number and credit card tied to the Member’s account (a Member’s 'Account Number') must be provided to their server. If Members do not provide a valid Account Number to their server, Members can request that the points for that purchase be retroactively credited to the Member’s account with the information on the applicable receipt, ONLY if the retroactive request is made within fourteen (14) calendar days of the original purchase.

 

A maximum of one (1) retroactive credit request is allowed per Member within a thirty (30) day period.

 

Retroactive requests are not available without the proof of purchase information that is tied to the applicable receipt. The granting of retroactive credits is at the sole discretion of Rainbow Asian LLC. Members will also have opportunities to earn points by participating in Program promotions. The terms for the points earned from Program promotions will vary and will be outlined in the promotion details. There is no limit on the number of points that a Member can earn in the Member’s account; however, each promotion may have its own point earning limits. Points can only be earned on eligible purchases made by that Member. Points are non-transferrable. Points do not have any cash value and cannot be redeemed for cash. Points may expire if a Member does not earn any points through an eligible purchase within a twelve (12) month period. Points may be removed by Rainbow Asian LLC if a Member account is suspended for more than thirty (30) consecutive days. 

 

Rainbow Asian LLC reserves the right to invalidate purchases credited to a Members account and associated points if it is determined that (a) points were incorrectly posted to a Member’s account, or (b) points were obtained fraudulently.

 

Please carefully note the restrictions listed in any offer as the ability to earn points for delivery purchases and certain online orders may be excluded from eligibility.

 

Rewards and Benefits

 

Members can view the reward options and the points required to redeem the reward by visiting the Program website (https://www.rainbowasian.com/rainbow-rewards-program). When a Member accumulates enough points for a reward, the Member has the option to use those points to obtain a reward. The amount of points required for rewards will vary. The use of points to obtain a reward is at the sole discretion of the Member.

 

If the Member chooses to use accumulated points to get a reward, the Member will select the reward item via the Program website (https://www.rainbowasian.com/rainbow-rewards-program) and follow the prompts to submit the reward request. Upon selection of a reward to be redeemed, the points for the reward will immediately be deducted from the accumulated point balance. For menu reward items, the rewards are accessible instantly upon request and will be available to use for 90 days from the time the reward request was submitted. Menu item rewards will automatically be applied to the next purchase of that item if that item is purchased in a participating Rainbow Asian LLC within the 90-day period. For menu items, the submitted rewards that are not redeemed will automatically expire in 90 days. For non-menu reward items, the availability of the reward will vary and will be specified in the reward item detail. The Program reward requirements are subject to additions, modifications, inclusion/exclusion changes and eliminations. Expired rewards will not be replaced and will not be re-credited to a Member’s account. Rewards may not be used toward payment of tax or gratuity, for the purchase of alcoholic beverages, or Rainbow Asian LLC Gift Cards. Rewards have no cash value, are not for resale and are not redeemable for cash. Rainbow Asian LLC reserves the right to substitute a reward of equal or greater value for any reason. Rainbow Asian LLC reserves the right to delay the processing of any reward, without notice to you, in order to assure compliance with these Terms. Void where prohibited.

 

Program Communications

 

By enrolling into this Program, the Member is opting in to receive Program communications sent by email, in-app notifications and in-app messages. Members may choose to opt-out of receiving marketing email communications by clicking the Unsubscribe button contained in those emails. Even if you opt out of getting Program marketing messages, we will still send you transactional messages. Members may adjust their in-app notifications and messages preferences in their phone’s settings menu.

 

Program Promotions and Benefits

 

The Program website and mobile application will explain Program benefits and specific promotion details, which are subject to change at any time. Program benefits, promotions, updates, and account-based operational messages may be communicated to Members via email and/or disclosed on our Program website and mobile applications. The terms of specific Program promotions will be disclosed at the time of the offering. Some Program promotions may include rewards based on the U.S. dollar amount you spend on purchases of food at participating restaurants.

 

Rainbow Asian LLC will not have any liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of participation credit or any other aspect of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communications.

 

Account Change or Cancellation

 

A Member may cancel membership in the Rainbow Rewards Program by contacting us at contact@rainbowasian.com. Cancellation may take up to ten (10) business days to finalize. During that period, a Member may receive previously scheduled or triggered marketing or transactional emails. Immediately upon membership cancellation, a Member forfeits all Program reward and/or points. Rainbow Asian LLC reserves the right to deactivate any Member account that has not earned points on an eligible purchase in a period greater than twelve (12) months. If Rainbow Asian LLC, in its reasonable discretion, believes a Member has two or more accounts, or the account(s) have otherwise been flagged to be associated with fraudulent activity, Rainbow Asian LLC reserves the right to suspend or deactivate any Member account(s) until the concern is resolved.

 

Program Change or Termination

 

Rainbow Asian LLC reserves the right, at its sole discretion, to (a) suspend, change or terminate the Program, any individual promotion, or any Member benefit, in whole or in part; (b) modify, limit or suspend the use and/or redemption of any participation credit, such as qualifying purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation credit required for particular rewards; and (d) modify, limit or suspend the collection of participation points, including but not limited to imposing time limits and changes in participation points. A Member’s continued participation in the Program after any modification to the Program and/or these Terms will indicate your acceptance of any such modification. 

 

Ordering; Availability; Payment

 

You can purchase products and/or services on the Site. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the United States. Rainbow Asian LLC reserves the right, without prior notice, to discontinue or change specifications on products and/or services offered through the Site. Rainbow Asian LLC reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

 

All descriptions, images, features, specifications, products, and prices of products and/or services are subject to change at any time without notice. The inclusion of any products or services on a Site does not imply or warrant that these products or services will be available. Rainbow Asian LLC reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any products or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any products or service. You acknowledge and agree that web ordering and the ability to purchase products or service is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location. Once an order for any products or services is made on the Site, changes cannot be made to the order except to the extent edit options are made available on the Site in Rainbow Asian LLC sole discretion.

 

We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Rainbow Asian LLC may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

 

You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. 

 

Site Accuracy

 

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Rainbow Asian LLC Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Site are your sole responsibility and we shall have no liability for such decisions.

 

Third Party Websites

 

This Site may hyperlink to sites not maintained by or related to Rainbow Asian LLC. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Rainbow Asian LLC, and Rainbow Asian LLC makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and Rainbow Asian LLC has no control over how your information is collected, used, or otherwise handled.

 

 

Disclaimer of Warranties

 

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. Rainbow Asian LLC makes no representations about the reliability of the features of this Site, the Rainbow Asian LLC Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Rainbow Asian LLC makes no representations regarding the amount of time that any Rainbow Asian LLC Content or User Content will be preserved.

 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. RAINBOW ASIAN LLC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RAINBOW ASIAN LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL RAINBOW ASIAN LLC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND RAINBOW ASIAN LLC REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL RAINBOW ASIAN LLC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF RAINBOW ASIAN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Export Policy and Restrictions

 

You acknowledge that the products and Rainbow Asian LLC Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Rainbow Asian LLC from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

 

Governing Law

 

These Terms will be governed by and construed in accordance with the internal laws of Georgia without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Atlanta, Georgia.  YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  These Terms operate to the fullest extent permissible by law.

 

Arbitration Agreement

 

Agreement to Arbitrate All Disputes.  Except as it relates to qualifying small claims and injunctive relief as explained below, you agree that any and all disputes, controversies, or claims arising between you and Rainbow Asian LLC (each a “Claim” and collectively “Claims”), including but not limited Claims arising out of or relating to the Site, use of the Site, these Terms and/or the Privacy Policy, shall be settled by binding and final arbitration in accordance with the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). The JAMS Rules and Procedures are available at https://www.jamsadr.com/ or by calling (800) 352-5267.  The arbitration will be heard and determined by a single arbitrator, who shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator’s decision, judgment, or award in any such arbitration will be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this agreement. The arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor all claims of privilege recognized at law.  For the avoidance of doubt, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the arbitrability of any Claims, the scope, applicability, interpretation, and enforcement of this arbitration agreement, and the interpretation, applicability, enforcement, formation of these Terms and/or the Privacy Policy.

 

Small Claims and Injunctive Relief.  This arbitration agreement does not preclude you from pursuing qualifying small claims in small claims court. If your Claims qualify for small claims court, you may still assert your Claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and Rainbow Asian LLC both retain the right to apply to any court of competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

 

Class Waiver.  You may not act as a class representative or private attorney general or participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated.

 

Arbitration Costs and Procedures.  If you initiate arbitration against us, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive as compared to the costs of litigation, Rainbow Asian LLC will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being cost-prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the JAMS Rules and Procedures, the arbitration shall proceed in a location determined by the arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties. 

 

Enforcement and Invalidity.  If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Rainbow Asian LLC shall be entitled to arbitrate their dispute.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND PROCEDURES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR RAINBOW ASIAN LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 

 

Termination

 

Rainbow Asian LLC may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Rainbow Asian LLC will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. 

 

Other Terms

 

Any other terms on our Site are hereby incorporated by reference into these Terms. 

 

Assignment

 

Rainbow Asian LLC may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void. 

 

Miscellaneous

 

These Terms constitute a binding agreement between you and Rainbow Asian LLC and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Rainbow Asian LLC regarding the use of the Site and your account. Both you and Rainbow Asian LLC acknowledge and agree that no partnership is formed and neither of you nor Rainbow Asian LLC has the power or the authority to obligate or bind the other. If Rainbow Asian LLC fails to act with respect to your breach or anyone else's breach on any occasion, Rainbow Asian LLC is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.