Panda Restaurant Group Legal Department
Monte brings a strong background in corporate acquisitions and finance, corporate governance and litigation management through a career in legal services and law firms. His entrepreneurial experience includes the positions of Vice President, General Counsel and Secretary of K2 Inc., a leading sporting goods manufacturer, and Deputy General Counsel and Deputy Corporate Secretary of Asia Global Crossing, an Asian telecommunications company. Previously, he was a partner at Simpson Thacher & Bartlett in New York and London. You may cancel your membership at any time by (i) notifying us online at www.pandaexpress.com/contact-us or (ii) via the Panda Express website and mobile app by selecting “Account” in the navigation bar, selecting “Account Details” and selecting “Delete your account”. Cancellation processing may take up to four (4) weeks. Any Member Account that has been inactive for 24 consecutive months (if no qualifying purchases have been made or Panda Points have not been earned, as determined by Panda in its sole discretion based on its records) may be terminated automatically without notice, unless otherwise required by law. Upon termination, all Panda Points, Rewards, Gifts and Benefits will be cancelled and deactivated. You must first submit any claims or disputes to us by contacting our customer relations to give us the opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
Any dispute or claim will be submitted to arbitration pursuant to the American Arbitration Association (“AAA”) as modified by this Agreement. AAA rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this Agreement constitutes a transaction in interstate commerce and that this arbitration provision shall be construed and enforced in accordance with the U.S. Federal Arbitration Act and the Federal Arbitration Act. Unless otherwise agreed between you and us, all arbitrations will be conducted in Los Angeles, California and will be conducted in English. An arbitrator may not grant remedies that go beyond or contradict the terms of this Agreement, order consolidation or arbitration on a class or representative basis, or award punitive or other damages greater than the prevailing party`s actual damages, unless the arbitrator awards the damages required by law on an individual basis; and may order an injunction or declaratory judgment under applicable consumer protection law. In any arbitration that applies the AAA rules that apply to large/complex cases, arbitrators must also apply the federal rules of evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration will be confidential and neither you nor we may disclose the existence, content, or results of an arbitration, except as required by law or for the purpose of enforcing the award.
Judgment on an arbitral award may be submitted to any court of competent jurisdiction. If any part of this arbitration clause is found by a court to be unenforceable or invalid, the remainder shall nevertheless be in full force and effect. We will use reasonable efforts to keep your personal information private, except as otherwise provided in this Privacy Policy. We will not share personal information with unaffiliated third parties unless such disclosure is necessary to (a) comply with a court order or other legal process, (b) protect your rights or our property; or (c) enforce the legal notices of this website. You may also request access, correction or deletion of the personal data you have provided to us. You can control your personal data received by Panda and exercise your privacy rights by contacting Panda via the following link: Here. While we take reasonable steps to protect against unauthorized disclosure of personal information, we cannot guarantee that the personal information we collect will only be disclosed in a manner consistent with the Privacy Policy. Peggy is deeply committed to giving back to the communities where panda restaurants operate through Panda Cares, a philanthropic initiative that has donated millions of dollars to nonprofits, schools and children`s hospitals since its inception in 1999. Peggy is also a member of Caltech`s Board of Directors. If the notice is sent to a party other than Panda, it must be sent to the last known email address of the other party or to the last address (of the requesting party).
The notice must include: (a) the name, residential address, email address and telephone number of the requesting party; (b) describe the nature and basis of the application; and (c) set out the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda do not reach an agreement to resolve the Covered Claim, the party bringing a dispute must prepare a written notice setting out the claim(s) and send the written claim in person or by first class mail to the above address within the applicable limitation period. You and Panda agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed to by the parties, and if the parties cannot agree within thirty (30) days of the proposal of potential arbitrators, by a sole arbitrator selected by AAA. The arbitration will take place at a location determined by AAA in accordance with its rules and procedures (provided that such location is reasonably convenient to you) or such other location as may be mutually agreed between you and Panda. Except to the extent modified by the following rules, the AAA Consumer Arbitration Rules in effect at the time of filing apply if you are an individual. 15.6.10 The adjudicator shall issue a written decision summarizing the reasons for the decision and the legal basis for it. When you browse and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and habits, including, but not limited to, details of your visits to our Site, such as traffic data, location data, logs and other communication data, as well as the resources you access and use on the Site.