MyMenu Terms and Conditions

Together, California Pizza Kitchen, Inc. (“CPK”) and Accents on Health, Inc. (“Healthy Dining”) (a team of registered dietitians, researchers and technology professionals) are providing this MyMenu platform (“MyMenu”) to help CPK guests find menu items meeting their health and nutrition-related needs, goals, and preferences. By using MyMenu, you acknowledge and agree to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use MyMenu.

These Terms of Use include an arbitration provision that applies to any disputes between you and California Pizza Kitchen. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:
- Eliminate your right to trial by jury; and
- Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.
This platform is intended only to help guide menu selections. It is not medical or nutritional advice. Each individual is responsible, in cooperation with his or her physician, dietitian or other health consultant, for making personal dietary decisions and menu choices.
The numerical values for the nutrition information listed are based on recipes and/or nutrition data supplied by CPK’s suppliers and are rounded according to the U.S. Food and Drug Administration rules. Variations may occur due to seasonal conditions, substitutions or changes in ingredients, recipe revisions, changes in suppliers, and/or differences in preparation methods at restaurant locations.
Allergens, Gluten and Vegan/Vegetarian Information: You hereby agree that before placing your food or beverage order at any CPK location, you will inform the manager at the CPK location you are ordering from if you or anyone in your party has a food allergy, gluten-sensitivity, or other dietary restriction. CPK’s menu is diverse and contains a wide variety of foods, many of which contain one or more of the eight major allergens: Crustacean shellfish, eggs, fish, dairy, peanuts, soybeans, tree nuts and wheat. Ingredients or production and processing methods used by our suppliers may vary or change without notice, and there may be product differences among regional suppliers. Additionally, normal kitchen operations involve shared cooking and preparation areas, and cross-contact with other foods may occur during production, and we may occasionally need to substitute ingredients in menu items and certain ingredients provided by our suppliers may contain or be processed with animal or other products without stating so on the label. For these reasons, CPK is unable to guarantee that any menu item is completely free from any particular allergen (unless it is a validated gluten-free pizza) or animal product, and you agree that, except with respect to validated gluten-free pizzas, CPK shall have no responsibility for guests with food allergies, food sensitivities or dietary restrictions. Due to current kitchen space, only the pizzas listed on our separate Gluten-Free Pizza menu can be prepared using Gluten Intolerance Group-validated procedures. Items listed on our Gluten-Free Ingredients section are prepared in shared cooking and preparation areas and may not be completely free from gluten. Please, consult the allergen and cross contact information presented on MyMenu, but always inform a CPK manager of your particular needs.
By using MyMenu, you agree that this platform is for general information purposes only. You hereby release, waive, indemnify, and hold-harmless CPK and Healthy Dining, (and each of their officers, directors, employees, agents, affiliates, parents, and subsidiaries) from and against any claims, actions or demands, liabilities and/or settlements including without limitation, reasonable legal fees, arising out of, resulting from or, or in any way relating to your use of MyMenu or your violation of these Terms and Conditions.
All content and information presented on this platform is protected by trademark and copyright laws in the United States and in foreign countries. This content and information is owned by California Pizza Kitchen and Healthy Dining, and any use outside of viewing this information in the format it has been provided in by California Pizza Kitchen is strictly prohibited.
These Terms and Conditions may be revised and updated at any time. Your continued use of the MyMenu platform will mean you accept those changes.
Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of California.
PLEASE READ THIS SECTION CAREFULLY: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless you opt out in the manner described below, by using MyMenu, the user agrees that any action against CPK arising out of or relating in any way to MyMenu will be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the user lives. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against CPK or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only individual claims, and the arbitrator may not consolidate or join the claims of other persons who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. You also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will MyMenu users be permitted, and you hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Election To Not Be Bound By Arbitration Policy: You may elect to opt out of the above Arbitration requirement within 30 days of the latter of (a) the date on which you first accessed the CPK content on MyMenu or (b) the effective date of these Terms of Use (the “Arbitration Opt-Out Deadline”). To opt out, please send written notice of your election to opt out in one of the following ways: (x) by email to [email protected], or (y) by regular U.S. Mail to California Pizza Kitchen, Attention: Legal Department, 12181 Bluff Creek Drive., 5^th floor Playa Vista, California 90094. Any election notice received after the Arbitration Opt-Out Deadline (allowing five additional days for mailing) will not be valid. The election notice must state your name, mailing address, phone number and email address and a statement that you are electing to not be bound by the Arbitration Policy in the MyMenu terms and conditions. CPK does not have a preference as to whether you elect to not be bound by this Arbitration Policy. Opting out of the arbitration agreement will not impact your ability to use MyMenu.