Terms of Use
Terms of Service
Lazy Dog Restaurants, LLC (“LAZY DOG”) manages and licenses all of the LAZY DOG Restaurant and Bar locations. The LAZY DOG website and its services are subject to the following Terms of Use Agreement (“TOU”). LAZY DOG reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.
These TOU contain a Dispute Resolution section that includes an arbitration agreement, class action waiver, and jury trial waiver. Please read this section carefully as it affects your legal rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
Description of Services
LAZY DOG provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, and the online purchase of products, etc. and may include a Registration Only section that can be accessed only by LAZY DOG staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
Use of Content
Use of LAZY DOG content (documents, whitepapers, graphics, logos, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, and broadcast in any media or sell any information, products or services obtained from the Services unless expressly permitted by LAZY DOG. Elements of LAZY DOG websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to LAZY DOG is licensed or otherwise published by LAZY DOG with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
Limits of Liability
LAZY DOG makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall LAZY DOG, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.
With respect to goods or services purchased directly from LAZY DOG through the website, LAZY DOG’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if LAZY DOG so chooses.
To the fullest extent permitted by applicable law, notice of any dispute or claim must be provided to the other party within one year of its accrual or you and LAZY DOG agree that it is forever waived and time barred.
External Links
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by LAZY DOG as a convenience to its users. LAZY DOG is not responsible for the materials contained at any website linked to this site.
Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any LAZY DOG website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any LAZY DOG server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Communication Services
- The Communication Services may contain events, forms, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Advertise or offer to sell or buy any goods or services.
- Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
LAZY DOG reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. LAZY DOG reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information in any Services. LAZY DOG does not control or endorse the content, messages or information found in any Communication Services and, therefore, LAZY DOG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
You consent to the use of electronic communications and tracking technologies in connection with our Services, and waive any claim that such practices constitute unlawful wiretapping, eavesdropping, or interception under any state law, including, but not limited to, the California Invasion of Privacy Act, to the fullest extent permitted by law.
Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver)
Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
Our Customer Service Specialists are ready to assist you and address your concerns—email Legal@LDEat.com. If you have any questions or concerns regarding how LAZY DOG manages, accesses or uses your personal information, please see our Privacy Notice (which is expressly incorporated by reference) or write us at Lazy Dog Restaurants, Attn: Legal Department 101 Shipyard Way, Suite B, Newport Beach, CA 92663 with any questions.
Arbitration Agreement
- Binding Individual Arbitration: This provision is intended to be interpreted broadly and to the fullest extent permitted by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. Any dispute or claim arising out of or relating to these TOU, your use of the Services, your purchases, or your relationship with LAZY DOG or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except that either you or LAZY DOG may bring or take a Dispute to small claims court so long as it proceeds individually and it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior TOU (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these TOU. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these TOU; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. You and LAZY DOG agree that these TOU evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the FAA and federal arbitration law. You and we agree that, to the fullest extent permitted by applicable law, the FAA preempts application of state laws regarding arbitration including, without limitation, provisions of the California Arbitration Act governing the payment, or shifting of fees or costs of arbitration.
- Mandatory Informal Dispute Resolution Process. You and LAZY DOG agree to work together in an effort to informally resolve any Dispute between you and us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to the Company at Legal@LDEat.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a LAZY DOG representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
- Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of JAMS, including the JAMS Streamlined Arbitration Rules and Procedures and any Mass Arbitration Procedures and Guidelines applicable to the Dispute, as modified by this arbitration agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the arbitration agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator or an arbitrator that will do so. The JAMS rules are available at https://www.jamsadr.com/adr-rules-procedures. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. An arbitrator (or process administrator, if applicable) shall be appointed by JAMS through a strike-and-rank process. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a LAZY DOG representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. The arbitrator will follow these TOU as a court would, will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. Dispositive motions shall be permitted in the arbitration. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and LAZY DOG agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
- Costs of Arbitration. Payment of arbitration fees will be governed by the JAMS Rules and fee schedule. You and LAZY DOG agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with JAMS regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
- Additional Procedures for Mass Arbitration (Batch Arbitration). You and LAZY DOG agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other consumers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You understand and agree that by participating in a mass arbitration, the resolution of your Dispute might be delayed. If this Batch Arbitration provision is triggered, then JAMS shall:
- appoint a process administrator to hear and determine preliminary and administrative matters;
- administer the arbitration demands in batches of up to 100 demands in any batch (the precise number to be determined by a JAMS process administrator; in deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands);
- appoint a single, different arbitrator for each batch through a strike-and-rank process unless the parties agree otherwise; and
- provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, and one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties unless the arbitrator determines that separate hearings are appropriate and necessary for efficiency (such as to address issues related to locale of parties and participation of the parties).
In addition:
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- You and we agree that if the Dispute is subject to this Batch Arbitration process, you and a LAZY DOG representative will personally appear at any hearing (with counsel, if you and we are represented), and the same as to any appearances at case management or status conference at the arbitrator’s discretion.
- You and we (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and we (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.
- You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible and that if your claim is delayed, any applicable limitations periods (including any statutes of limitations) are tolled from the date of filing with JAMS consistent with the above until your Dispute is adjudicated, resolved, or withdrawn;
- Arbitrators appointed pursuant to this Batch Arbitration provision shall issue a separate award for each claimant involved in a batch proceeding; and
- This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
The Additional Procedures for Mass Arbitration (Batch Arbitration) provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the TOU.
- Opt Out of Future Changes. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice containing your name, address, and email address, along with a statement that you wish to opt out of the changes to the arbitration agreement, to the following address within thirty (30) days of the change: compliance@lazydog.com. Such notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and LAZY DOG in accordance with this version of the arbitration agreement.
Class Action Waiver and Jury Trial Waiver
You and LAZY DOG each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing class action waiver that applies whether in arbitration or in litigation, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by applicable law, you and LAZY DOG waive the right to a jury trial.
Governing Law and Jurisdiction
These TOU and your access to and use of our Services are governed by the laws of the state of Delaware without regard to Delaware’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration or for any action challenging the enforceability of any provisions of these TOU (including the arbitration agreement, class action waiver, and jury trial waiver), you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing New Castle County, Delaware and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
Mobile Terms of Service
The Lazy Dog Restaurant mobile message service (the “Service”) is operated by Lazy Dog Restaurant (“Lazy Dog Restaurant,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. These Mobile Terms of Service expressly incorporate by reference the Lazy Dog Terms of Use (“TOU”) including the Dispute Resolution section (including arbitration agreement, class action waiver, and jury trial waiver). Please review that section carefully as it affects your legal rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
By consenting to Lazy Dog Restaurant’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lazy Dog Restaurant through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Lazy Dog Restaurant. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 85808 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Lazy Dog Restaurant mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to 85808 or email webcomments@lazydogrestaurants.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Last Updated: February 4, 2026