Rubio’s Terms of Use and Rubio’s Rewards Terms and Conditions

Last Updated: January 8, 2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Rubio’s Restaurants, Inc. (“Rubio’s”, “we” or “us”). The following terms and conditions (these “Terms of Use”), constitute a legal and binding agreement between you and Rubio’s governing your access to and use of https://www.rubios.com (the “Website”), the Rubio’s Rewards Program (the “Rubio’s Rewards”), and our mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google PlayTM store (each, a “Mobile Application”) including any content, functionality and services offered on or through our Website, our Mobile Application, or the Rubio’s Rewards program (collectively, the “Services”), whether as a guest or a registered user. Your use of the Mobile Application is also subject to the End User License Agreement (“EULA”) that is available when you download the Mobile Application. Specific terms and conditions for your participation in Rubio’s Rewards is set forth below.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Services. If you do not want to agree to our EULA for your use of the Mobile Application, you must not download or use the Mobile Application, but you may still access our Website and participate in Rubio’s Rewards.

The Services are offered and available to users who are 13 years of age or older who are located in the United States or any of its territories or possessions. If you are not at least 13 years of age, you must not access the Services. If you are at least 13 years of age but less than 18 years old, your parent or guardian must review and accept these Terms and Conditions before you use our Services. Corporations, partnerships, limited liability companies, or other legal entities may not enroll in Rubio’s Rewards.

By using our Services, 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 Website, enroll in Rubio’s Rewards, or use the App.

2. Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Any changes to these Terms and Conditions will also be posted here and available from links to these Terms and Conditions included on our Website or in the Mobile Application. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Website, Rubio’s Rewards, or the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you have an account, we may also notify you by email or otherwise as reasonably determined by us or required under applicable law. It is important that we have an up-to-date email address in your account so that we may notify you of such changes.

Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to Rubio’s Rewards, the Website, or the Mobile Application, or any portion thereof; (2) change, revise, or modify Rubio’s Rewards, the Website, or the Mobile Application or any portion thereof; (3) interrupt the operation of Rubio’s Rewards, the Website, or the Mobile Application or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to Rubio’s Rewards, the Website, or the Mobile Application; and/or (5) terminate the authorization, rights, and license given herein. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of Rubio’s Rewards and the App.

3. Accessing the Website or Mobile Application and Account Security

We reserve the right to withdraw or amend the Website or Mobile Application, and any service or material we provide on or through the Website or Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Mobile Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Mobile Application, or the entire Website or Mobile Application, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website or Mobile Application (including providing your own mobile device and communications service to use the Mobile Application).
  • Ensuring that all persons who access the Website through your internet connection and your Mobile Application on your mobile device are aware of these Terms of Use and comply with them.

To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on or to the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on or through the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name (your email address), password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Website and the Mobile Application and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Rubio’s, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Mobile Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Mobile Application except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • You may download a single copy of the Mobile Application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our EULA for the Mobile Application.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through them.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Mobile Application or any content on them is transferred to you, and all rights not expressly granted are reserved by Rubio’s. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The Rubio’s Restaurants, Inc. name, the terms “Rubio’s,” “Rubio’s Rewards”,  “Rubio’s Coastal Grill,” “The Original Fish Taco,” and all related names, logos, product and service names, designs and slogans are trademarks of Rubio’s or its affiliates or licensors. You must not use such marks without the prior written permission of Rubio’s. All other names, logos, product and service names, designs and slogans on this Website, Rubio’s Rewards, or the App are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Rubio’s, a Rubio’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Rubio’s or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website or the Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Mobile Application, including their ability to engage in real time activities through the Website or the Mobile Application.
  • Use any robot, spider or other automatic device, process or means to access the Website or the Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
  • Use any manual process to monitor or copy any of the material on the Website or the Mobile Application or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Mobile Application, the server on which the Website is hosted or otherwise used by the Mobile Application, or any server, computer or database connected to the Website or the Mobile Application.
  • Attack the Website or the Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

7. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rubio’s, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rubio’s. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website and the Mobile Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Rubio’s is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Rubio’s does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

8. Changes to the Website and the Mobile Application

We may update the content available on or through the Website or Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Mobile Application may be out of date at any given time, and we are under no obligation to update such material.

9. Information About You and Your Visits to the Website, and the Mobile Application

All information we collect on, through, or part of the Services is subject to our Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

10. Online Purchases and Other Terms and Conditions

You agree that your order through the Website or the Mobile Application is an offer to buy, under these Terms of Use, all menu items listed in your order. All orders must be accepted by us or we will not be obligated to sell the menu items to you. We may choose not to accept orders at our sole discretion (such as if we have run out of a menu item), even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices posted on the Website or through the Mobile Application may be different than prices offered by us in our restaurants. All prices, discounts, and promotions posted on the Website or Mobile Application are subject to change without notice. The price charged for a menu item will be the price in effect at the time the order is fulfilled and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for delivery (if applicable). All such taxes and charges will be added to your menu items’ total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment must be received by us before our acceptance of your order. We accept all major credit cards for purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any, regardless of the amount quoted on the Website or the Mobile Application at the time of your order.

You may be able to order select menu items on other websites, such as through third-party delivery services. Prices posted on such third-party websites may be different than prices offered by us in our restaurants, and are subject to the terms and conditions that apply to those third-party websites.

11. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

12. Links from the Website or within the Mobile Application

If the Website or the Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to order menu items or other services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from this Website or the Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Geographic Restrictions

The Services are controlled by and administered by Rubio’s, which is based in the state of California in the United States. Our restaurants are located within the United States, and we provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Website’s or the Mobile Application’s content is accessible or appropriate outside of the United States. You may not use the Services or export any portion of it in violation of U.S. export laws and regulations. Access or use of the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you hereby agree and acknowledge that you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States in accordance with our Privacy Policy.

14. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, including on the Website or through the Mobile Application, will be free of viruses or other destructive code. You are responsible for deploying anti-virus and other similar protections on your computer or mobile device. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE MOBILE APPLICATION, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION (INCLUDING THE USE OF RUBIO’S REWARDS), OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY OF THE FOREGOING, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE MOBILE APPLICATION, AND THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE OR THE MOBILE APPLICATION (INCLUDING RUBIO’S REWARDS) IS AT YOUR OWN RISK. THE WEBSITE AND THE MOBILE APPLICATION, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE OR THE MOBILE APPLICATION (INCLUDING RUBIO’S REWARDS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THESE TERMS OF USE OR THE EULA, NEITHER RUBIO’S NOR ANY PERSON ASSOCIATED WITH RUBIO’S MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER RUBIO’S NOR ANYONE ASSOCIATED WITH RUBIO’S REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE MOBILE APPLICATION, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR MOBILE APPLICATION OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

RUBIO’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation on Liability

IN NO EVENT WILL RUBIO’S, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE WEBSITE OR THE MOBILE APPLICATION, ANY CONTENT ON THE WEBSITE OR MOBILE APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, MOBILE APPLICATION, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify and hold harmless the Rubio’s, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, any use of the Website’s or Mobile Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Mobile Application.

17. Additional Terms and Conditions for Rubio’s Rewards

Overview of Rubio’s Rewards

Rubio’s Rewards is a rewards program that provides members with personalized rewards, such as free or discounted menu items, Rubio’s merchandise, menu updates, exclusive invitations to local events, and other special offers. Members receive rewards based on their purchases at Rubio’s by checking in at the register in stores or by ordering via the App or online. Members may also receive rewards by inviting their friends or family to join.

Benefits available through Rubio’s Rewards are promotional and have no cash value. There is no cost or membership fees to join Rubio’s Rewards. Rubio’s Rewards is available at participating Rubio’s restaurants in the United States.

Enrollment in Rubio’s Rewards

You may enroll in Rubio’s Rewards and create a Rubio’s Rewards account (“Account”) in one of the following ways:

  • Download the Mobile Application to your iPhone® or AndroidTM device from Apple App Store® or the Google PlayTM store. Follow the prompts to create an account and register. You are responsible for ensuring that your devices are compatible with Apple or Google Play, and we (not Apple or Google) are responsible for the Mobile Application and Rubio’s Rewards. The Mobile Application also allows you to sign up for and sign into Rubio’s Rewards using your Facebook account.
  • You may also visit our Website at Rubios.com/rewards and sign up online.

In order to create an Account and participate in Rubio’s Rewards, you must provide us with your name, email address, and create a password and select your favorite Rubio’s location. You may also optionally provide us with your date of birth and phone number. Your Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one Account. Rewards available in your Account may not be transferred to another participant’s Account.

You are responsible for maintaining the confidentiality of the information you hold for your Account, including your password. You agree to notify us immediately of any unauthorized use of your Account, or any other breach of security related to your Account. You may not use anyone else’s Account or login information. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Communicating with Rubio’s Rewards Participants

We will send participants in Rubio’s Rewards transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the Mobile Application, email, and/or any other ways you may have selected when you enroll in Rubio’s Rewards. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Account and update your contact information or preferences. If you do not want us to send you push notifications, please open your iPhone or Android settings and turn off push notifications for the Mobile Application or send us an email stating your request [email protected] If we have sent you a promotional email, you may click the unsubscribe link at the bottom of the email to be removed from the distribution of futuremarketingemails. This opt-out does not apply to communications necessary as a result of a product order, service experience, password reset or other similar communication with us.

Earning Points

Points are awarded for making qualified purchases from Rubio’s. Rubio’s Rewards participants may earn points by:

  1. Ordering in the Mobile Application or online via their Account at Rubios.com.
  2. Scanning the Mobile Application QR code at the register before completing the order.
  3. Scanning the receipt (up to 2 receipts per day) after ordering: participants can also scan or manually enter the barcode found on their receipt, either through the Mobile Application or online at rubios.com/rewards, within 48 hours of purchase.

Participants will generally earn 10 points for every $1 spent at Rubio’s. Some purchases and transactions do not earn points, including, but not limited to: purchases of gift cards; purchases made through third party delivery companies; tips; delivery fees; sales and other transaction taxes; and service fees. However, purchases of Rubio’s food and beverages made by redeeming a gift card will qualify when you order using your Account or scan your receipt. Catering purchases also count toward earning points.

Rubio’s may offer guests the opportunity to earn points or other rewards through certain promotions, achieving milestones or completing challenges. Points or other rewards for these activities will be awarded as described in the promotion and are subject to their own terms.

Points for any qualifying purchase are only awarded to one Rubio’s Rewards Account. Points may take up to 48 hours to appear in your Account. If you are refunded for your order, any points credited to your Account for such order may be debited following the refund. This may cause a negative balance if you have used previously credited points.

Use and Expiration of Points

Points will expire six (6) months from when they are earned. For example, if you earn 25 points on October 1, 2022, those points will expire on April 1, 2023. When you redeem points for rewards, your oldest points will be used first.

Points may be used and redeemed for items as listed in the Rewards section of the App or on the “My Rewards” tab of the Account section at Rubios.com.

Points will not be redeemable for any other items unless specifically authorized by Rubio’s. Points and rewards will not be added back to your Account if you do not use them before they expire.

Redemption of points and rewards may not be combined with any other Rubio’s offers or discounts. You may only redeem one reward per order.

Additional Rubio’s Rewards Terms

We reserve the right to terminate your Account and/or your participation in Rubio’s Rewards if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Account, or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, in our sole discretion, suspend, cancel, or combine Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in Rubio’s Rewards. We reserve the right to terminate an Account if it has been inactive for twelve (12) months or longer.

In addition, we have the right at any time, with or without giving you prior notice, to:

  • End or cancel Rubio’s Rewards and/or any specific reward;
  • Change any reward or other Rubio’s Rewards benefit we offer;
  • Change the requirements for receiving rewards, including the number of points needed to redeem a reward;
  • Change the amount of points received based on purchases from the Company;
  • Change the time you have in which to use points or a reward; and/or
  • Change any other feature of Rubio’s Rewards.

If we end Rubio’s Rewards, points and rewards you have earned but not used will expire on the date Rubio’s Rewards ends. You may not convert any points or redeem any rewards after the end date.

18. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

In the event arbitration (as set forth below) is unavailable or Section 18 is determined to be unenforceable, Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Diego and County of San Diego County. Although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Arbitration

 

YOU AND RUBIO’S RESTAURANTS, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR MOBILE APPLICATIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 18. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send Rubio’s Restaurants, Inc., by certified mail, a written notice of your claim (a “Notice”) to our General Counsel in accordance with the Notice section below. If Rubio’s initiates the arbitration, it will send such Notice to you in accordance with the Notice section below. A Notice, whether sent by you or Rubio’s, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Rubio’s do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Rubio’s may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR RUBIO’S RESTAURANT, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Waiver and Severability

No waiver by Rubio’s of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rubio’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Rubio’s Restaurant, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

23. Your Comments and Concerns

This website is operated by Rubio’s Restaurant, Inc. 2200 Faraday Ave, Suite 250, Carlsbad, CA, 92008

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to us via the “contact us” page on our Website.