REX'S FAMILY TERMS OF USE

November 4, 2024

These Terms of Use ("Terms") govern participation in the Rex’s Family Rewards ("Program"), offered by Steamboat Restaurant Group, Inc, a Colorado corporation d/b/a Rex's Family Restaurants ("RFR"), which currently owns and operates six Restaurants, as defined in Section 1 below. 

By joining or using the Program, members agree to comply with these Terms. RFR may modify these Terms at any time, effective immediately upon notice, which may be provided through contact information on file, posting revised Terms on RFR’s website, or other reasonable means.

1. Defined Terms

a.   RFR: Steamboat Restaurant Group, doing business as Rex's Family Restaurants, which operates the Program and owns six restaurants.

b.   Restaurants: Collectively refers to Big House Burgers, Creekside Café, Laundry Kitchen & Cocktails, Lil' House Biscuits, Mazzola’s Italian Diner, and Salt & Lime (each, individually, a “Restaurant”). 

c.   Program: The Rex’s Family Rewards Program, a tiered loyalty program designed for individual customers of the Restaurants.

d.   Member: An individual customer who is enrolled in the Program and meets eligibility requirements. 

e.   Reward Points: Points earned on qualifying purchases in the Program. Conversion ratios are scaled in accordance with the table in Section 3(a) below. 

f.   Eligible Purchases: Food and beverage purchases at participating Restaurants are eligible for Reward Points. Eligible Purchases shall not include: gratuity, taxes, gift card purchases, catering events, private parties, Promotional Items, Special Events, amounts paid with Reward Dollars or amounts paid with any Additional Rewards granted through the Program.

g.  Legacy Rewards: Rewards points earned prior to the Program launch on November 4, 2024, with a conversion rate of 1,200 points to $100 Reward Dollars. Legacy Rewards shall expire on November 4, 2026.

h.   Reward Dollars: Currency earned from converted Reward Points or Legacy Rewards, redeemable up to $100 per Visit, with no cash value.

i.   Reward Conversion Date: Shall have the meaning assigned in Section 3(b) below. 

j.   Visit: A single 60-minute stay or any transaction at a Restaurant within that 60-minute stay.

k.  Holiday: Includes Christmas, New Year’s Eve, Valentine’s Day, Thanksgiving, Mother’s Day, and Easter Sunday.

l.   High-Season Weekend: Refers to Fridays and Saturdays, 4:00 p.m. to close, from December 15 to April 15, at Laundry, Mazzola’s, and Salt & Lime.

m.  Promotional Items: Merchandise and other promotional items that RFR may offer periodically, including but not limited to T-shirts, cookbooks, hats, mugs, and aprons.

n.  Special Events: Events hosted by the Restaurants requiring additional fees, reservations, or registration.

o.  Additional Rewards: Non-monetary rewards that may include double points days, birthday dinners, free items, special invitations, discounts, and promotional offers, offered at RFR’s discretion.

p.  Any defined terms within Section 10, Arbitration Agreement, shall have the meanings as defined therein. 

2. Program Structure and Eligibility

The Program is a tiered rewards system with levels: Green Circle, Blue Square, Black Diamond, and Secret Stash. Each level offers unique benefits, which may change over time.

b.  Participation is open to individual customers aged 18 or older. Commercial and shared accounts are not permitted. Each account must have a single registered user.

c.   Minimum annual spending requirements apply to maintain each level status:
      i.    Green Circle: $1.00 in Eligible Purchases per calendar year.
      ii.   Blue Square: $1,000.00 in Eligible Purchases per calendar year.
      iii.  Black Diamond: $3,000.00 in Eligible Purchases per calendar year.
      iv.  Secret Stash: $10,000.00 in Eligible Purchases per calendar year.

d.  Members agree to provide accurate information to RFR and to maintain the confidentiality of their account information. Members are responsible for all account use.


3. Earning and Redeeming Points

a.  Reward Points are earned at following ratios ($1 spent on Eligible Purchases to Reward Points earned): 
      i.    Green Circle: 1:1
      ii.   Blue Square: 1:1.25
      iii.  Black Diamond: 1:1.5
      iv.  Secret Stash: 1:2

b.  Points automatically convert to $25 Reward Dollars upon reaching 500 points (the "Reward Conversion Date"). 

c.   Legacy Rewards will automatically convert to Reward Dollars on the Program launch date at the rate defined in Section 1(g) above. Unused Legacy Rewards expire on November 4, 2026.

d.   Members may redeem a maximum of $100 of Reward Dollars or Legacy Dollars per Visit. 

e.   Reward Dollars expire one year after the Reward Conversion Date and have no actual cash value. Reward Dollars and Legacy Dollars cannot be used for gift card purchases, taxes, or gratuity. 

f.   Reward Dollars and Legacy Dollars are not valid on Holidays, High-Season Weekends, catering, private parties, taxes, gratuities, service charges, employee compensation, promotional items, or special events. 

g.   Reward Dollars and Legacy Dollars are not valid in conjunction with any other offers, discounts or promotional certificates issued by RFR through the Program or otherwise.


4.  Additional Rewards

Additional rewards, such as double points days, birthday treats, free items, discounts, or special offers, may be provided at RFR's discretion and have no cash value. RFR may modify or cancel these additional rewards at any time.


5.  Account Maintenance and Termination

a.  Members must make at least one qualifying purchase each calendar year to maintain an active account; points on active accounts will roll over annually.

b.   RFR may suspend, audit, or terminate accounts due to inactivity, non-compliance, suspected fraud, or inappropriate activity, or at RFR’s sole discretion for any reason.

c.   Upon termination of the Program or cancellation of an account, all rewards are automatically forfeited.


6.  Non-Transferability and Unauthorized Use

Rewards are non-transferable. Members should report unauthorized use immediately. RFR reserves the right to request verification documentation. RFR is not liable for unauthorized account activity.


7.  Changes to the Program and Participating Restaurants

RFR may add or withdraw participating Restaurants, change Program rules or rewards, or terminate the Program without notice. All Program benefits are subject to availability and may change at RFR’s discretion.


8.  Tax Obligations

Members are responsible for any applicable federal and state tax liabilities resulting from participation in the Program.


9.  Privacy Policy

Members are responsible for any applicable federal and state tax liabilities resulting from participation in the Program.

10.  Arbitration Agreement

Member agrees that any and all claims, controversies, or disputes (whether in contract, tort, or otherwise) that Member may have against RFR any related entity or affiliate, or any of their respective officers, directors, employees, or agents (each such individual or entity, including RFR, a “Rex Entity”), including any and all claims, controversies, or disputes arising out of or relating in any way to these Terms, the Program, Reward Points, Legacy Rewards, or Member’s relationship with RFR or any Rex Entity, including any dispute regarding these Terms or the enforceability, validity, legality, scope, or applicability of this agreement to arbitrate (each, a “Rex Dispute”), will be resolved in accordance with the provisions set forth in the following paragraphs. This Arbitration Agreement is intended to be interpreted as broadly as possible, consistent with governing law, and will survive after Member’s participation in the Rex’s Family Rewards Program ends.

a.  Notice Requirement. Before initiating any legal action, including filing a lawsuit or initiating arbitration, Member agrees to send a written notice describing the Rex Dispute (a “Demand”) to the following address (the “Notice Address”): Steamboat Restaurant Group, Inc., PO Box 772825, Steamboat Springs, CO 80477. RFR agrees to toll any applicable limitations period from the date the Demand is sent until the date the Demand is resolved. Member agrees to wait 30 business days after sending the Demand before proceeding with any further legal action, except that Member may seek relief in small claims court for disputes or claims within its jurisdiction.

b.  Binding Arbitration. If the disagreement stated in the Demand is not resolved to Member’s satisfaction within 30 business days, the Rex Dispute:

   i.   will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator in accordance with the AAA Consumer Arbitration Rules (as amended; see [www.adr.org](http://www.adr.org) for current rules), as modified by this arbitration provision;

   ii.   shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;

   iii.   shall be held in Colorado, unless both parties agree otherwise or the arbitrator deems another location necessary. The arbitration may also proceed telephonically or by video if in-person arbitration in Colorado is not reasonably accessible to Member or if both parties agree.


c.   Arbitrator’s Authority. The arbitrator’s decision shall be controlled by these Terms, including this Section 10, and any other agreements referenced herein. The arbitrator shall apply Colorado law, without regard to conflicts of law rules or principles, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

d.   Class Action Waiver. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can only resolve individual claims between Member and RFR or any applicable Rex Entity. The arbitrator may not consolidate or join the claims of multiple persons or parties who may be similarly situated against the Rex Entity or Rex Entities. Any dispute over the enforceability of this class action waiver shall be resolved by a court. 

e.   Arbitration Costs & Fees. If the fees and deposits required to initiate arbitration against any Rex Entity exceed $250, and Member demonstrates to RFR’s satisfaction that Member is unable or not required under AAA rules to pay amounts exceeding this limit, RFR agrees to cover these costs on Member’s behalf, subject to possible reimbursement as determined by the arbitrator. Additionally, if Member demonstrates that individual arbitration costs would be prohibitive compared to individual litigation costs, RFR will pay the arbitrator-deemed necessary portion of those costs (excluding attorney or other representation fees) to prevent arbitration from being cost-prohibitive.. 

f.   Severability. With the exception of the Class Action Waiver, if any part of this Arbitration Agreement is found to be invalid, unenforceable, illegal, or in conflict with AAA rules, the remaining balance of the Arbitration Agreement shall remain in effect and be interpreted according to its terms. However, if the Class Action Waiver is deemed invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither Member nor any Rex Entity shall be entitled to arbitrate their dispute. In the first stage, counsel for the coordinated claimants and RFR will each select an equal number of claims (up to the lesser of one-half or 10 each, totaling 20 cases) to proceed in arbitration, to be resolved individually by different arbitrators. During this stage, no other claims of similar nature may proceed.

    i.   Following resolution of the selected cases, the parties will participate in mediation for all remaining Coordinated Claims, with RFR covering the mediation fee. If unresolved, a second stage of up to 20 individual arbitrations shall follow, with mediation again encouraged afterward. This process will repeat with adjustments (50 cases in the third stage, randomized selection, and optional mediation) until all claims are resolved.

    ii.   This process is severable from the remainder of the Arbitration Agreement; should it be found unenforceable, claims may still proceed in individual arbitration per this Agreement.

g.   Member Opt-Out. Member may opt out of this Arbitration Agreement by submitting written notice to the Notice Address within 30 days of accepting these Terms, indicating Member’s intent to opt out along with Member’s name, address, and the email associated with Member’s account. Failure to opt out within this 30-day period binds Member and RFR to this Arbitration Agreement.

h.   Class Action and Jury Trial Waiver. Separate from the Arbitration Agreement above, and to the fullest extent permitted by law, Member waives any right to bring or participate in any class action, class arbitration, private attorney general action, or other representative proceeding related to any Rex Dispute. MEMBER UNDERSTANDS THAT THIS CLASS ACTION WAIVER MEANS MEMBER MAY ONLY BRING CLAIMS AGAINST RFR OR A REX ENTITY IN MEMBER’S INDIVIDUAL CAPACITY, NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION. MEMBER ALSO WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH THESE TERMS OR ANY DISPUTE ARISING OUT OF OR RELATING TO THEM

i.    Limitations on Liability. Unless otherwise required by governing state law, RFR and the Rex Entities shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from or relating to the Rex’s Family Rewards Program, even if RFR or a Rex Entity has been advised of the possibility of such damages. Where Colorado law disallows limitation of liability for incidental or consequential damages, this provision may not apply. In such cases, if a Member proves that RFR or a Rex Entity improperly denied a reward, liability shall be limited to the equivalent reward.

j.    Contractual Limitations Period. By participating in the Rex’s Family Rewards Program, Member waives any right to bring any arbitration, claim, or action against RFR or any Rex Entity more than one (1) year after the first occurrence of the act or omission upon which the claim is based, unless otherwise required by law.


11.  Acceptance of Terms

By enrolling in Rex’s Family Rewards, members agree to abide by these Terms, including the Arbitration Agreement set forth in Section 10 above.


12.  Questions

Questions related to the Program may be directed by email to ryan@rexsfamily.com