EL PATIO REWARDS TERMS OF USE

EL PATIO INTERNATIONAL REWARDS LOYALTY PROGRAM— TERMS AND CONDITIONS

(LAST UPDATED JANUARY 10, 2024)

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PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A EL PATIO INTERNATIONAL REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN ANY EL PATIO INTERNATIONAL REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY EL PATIO INTERNATIONAL REWARDS PROGRAM. 

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “EL PATIO INTERNATIONAL REWARDS Terms”) apply to any access to and/or participation in the EL PATIO INTERNATIONAL REWARDS programs (“EL PATIO INTERNATIONAL REWARDS") which are operated by EL PATIO INTERNATIONAL, INC, (collectively, ”EL PATIO INTERNATIONAL" , "El PATIO" , "EL PATIO RESTAURANT" , "EL PATIO ARGENTINE RESTAURANT" , "EP ", EPR”. "EPRewards").

These EL PATIO INTERNATIONAL REWARDS Terms do not alter in any way the terms or conditions of any other agreement you may have with EL PATIO INTERNATIONAL for other products and services, or the terms or conditions of any other promotional offers or programs conducted by EL PATIO INTERNATIONAL outside the context of EL PATIO INTERNATIONAL REWARDS. Information collected in connection with EL PATIO INTERNATIONAL REWARDS is governed by the EL PATIO INTERNATIONAL Privacy Policy. Please read the EL PATIO INTERNATIONAL Privacy Policy at PRIVACY POLICY carefully to understand how EL PATIO INTERNATIONAL collects, uses and discloses information about customers and how to update or change your personal information and/or the ways EL PATIO INTERNATIONAL communicates with you.

ELIGIBILITY

EL PATIO INTERNATIONAL REWARDS is open to legal residents of the 50 United States of America and Washington, D.C. who are 13 years of age or older. EL PATIO INTERNATIONAL REWARDS and earned Gaucho Ca$h are intended for personal use only. Commercial use is prohibited. 

EL PATIO INTERNATIONAL REWARDS are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in EL PATIO INTERNATIONAL REWARDS only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these EL PATIO INTERNATIONAL REWARDS Terms, our Privacy Policy and our Terms of Use.

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HOW EL PATIO INTERNATIONAL REWARDS WORKS

Participants in EL PATIO INTERNATIONAL REWARDS may accumulate Gaucho Ca$h that entitle the participant to EL PATIO INTERNATIONAL REWARDS benefits, or “Rewards," at El Patio International, located at 5240 Randolph Rd, Rockville, MD 20852.

Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Gaucho Ca$h are awarded with each qualifying purchase in relation to the amount spent at EL PATIO INTERNATIONAL. Purchases begin accumulating Gaucho Ca$h upon registration at

https://www.toasttab.com/elpatio/rewardsSignup and at the time of first ONLINE order made via https://order.toasttab.com/online/elpatio or by visiting us and providing your digital loyalty card and/or account number. 

HOW TO ENROLL

To enroll in EL PATIO INTERNATIONAL REWARDS and begin accumulating Gaucho Ca$h: (i) participants who have not created an account through the website located at https://www.toasttab.com/elpatio/rewardsSignup  or the EL PATIO INTERNATIONAL mobile ordering app, if one is available, must first create an account and agree to participate in EL PATIO INTERNATIONAL REWARDS, which allow El Patio International International to use the information entered/provided by participant(s) to be used for marketing communications from EL PATIO INTERNATIONAL via e-mail or SMS or other text message communication. (ii) Participants who elect to enroll in El Patio International Rewards Loyalty Program automatically agree that EL PATIO INTERNATIONAL or its designee may send them commercial text messages using automated technology, and therefore participants agree that their Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with EL PATIO INTERNATIONAL REWARDS. Participants should consult their wireless service provider’s pricing plan for details. Participants can opt out at any time.

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Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your date of birth DOB or by signing up using a Social Media Platform such as Google or Facebook, please see our Privacy Policy to learn more on how we handle your social logins and all personal information you provide to us.

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If you change your account country to one that is not located within the 50 United States or Washington D.C., your EL PATIO INTERNATIONAL REWARDS account will be deactivated. Once deactivated, you will no longer be able to accumulate Gaucho Ca$h or receive or redeem Rewards under your EL PATIO INTERNATIONAL REWARDS account. Previously credited Gaucho Ca$h and Rewards may also expire as described below.

You may have only one EL PATIO INTERNATIONAL REWARDS account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by EL PATIO INTERNATIONAL in its sole discretion.

ACCUMULATING GAUCHO CA$H

You may accumulate Gaucho Ca$h for any qualifying purchase made on and after your date of enrollment in EL PATIO INTERNATIONAL REWARDS. To receive credit for a qualifying purchase and accumulate Gaucho Ca$h, you must present your digital EL PATIO INTERNATIONAL REWARDS account (i) at the point-of-sale at a participating U.S. EL PATIO INTERNATIONAL restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at https://order.toasttab.com/online/elpatioor via the EL PATIO INTERNATIONAL mobile ordering app, if one is available. Gaucho Ca$h will not be awarded for purchases at www.elpatiointernational.com  if you order or check out as a guest and not via your EL PATIO INTERNATIONAL REWARDS account. EL PATIO INTERNATIONAL reserves the right to retroactively award Gaucho Ca$h not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, Gaucho Ca$h will not be awarded for (i) purchases occurring prior to your enrollment in EL PATIO INTERNATIONAL REWARDS; or (ii) purchases made more than thirty (30) days prior to a request made to EL PATIO INTERNATIONAL for such credit. In no event will EL PATIO INTERNATIONAL retroactively award Gaucho Ca$h to any EL PATIO INTERNATIONAL REWARDS account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month. Rewards program only includes our Lunch and Dinner Menus. The following menus /products do not participate on our Rewards Program: Catering Menu, Whole Cakes, Market Products, Wines and Any other special item(s) menu(s) that are not our regular Lunch and Dinner Menus. 

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In order to accumulate Gaucho Ca$h, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid EL PATIO INTERNATIONAL gift card; purchases using other currency or promotional offers will accrue Gaucho Ca$h only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate Gaucho Ca$h. Each EL PATIO INTERNATIONAL REWARDS participant account is limited to ten (10) qualifying purchases per day. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases of alcoholic beverages or EL PATIO INTERNATIONAL gift cards (including activations or reloads) do not accumulate Gaucho Ca$h. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases.

If you void or cancel a qualifying purchase credited toward accumulation of Gaucho Ca$h, EL PATIO INTERNATIONAL reserves the right to deduct the Gaucho Ca$h associated with that purchase from your account.

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REWARDS

Once a EL PATIO INTERNATIONAL REWARDS participant accumulates the number of Gaucho Ca$h needed for a Reward, the participant can redeem their Gaucho Ca$h in the Rewards Exchange section of their account. Once Gaucho Ca$h are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a EL PATIO INTERNATIONAL menu item. Some Rewards will be added immediately, while others will be added within approximately 48 hours. When a Reward is added to a participant’s account or otherwise redeemed, the Gaucho Ca$h associated with that Reward will be deducted from the account.

Rewards that consist of EL PATIO INTERNATIONAL menu items are valid at participating EL PATIO INTERNATIONAL restaurants in the United States, subject to availability. Once your Gaucho Ca$h have been redeemed, they are gone and there are no refunds, returns or exchanges for additional Gaucho Ca$h, cash, or other goods and services, even if you return the Reward or other item(s) that your Gaucho Ca$h were redeemed toward.

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Except as otherwise provided in these EL PATIO INTERNATIONAL REWARDS Terms or in the terms communicated in conjunction with a particular Reward, Rewards may expire if not used within 60 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid EL PATIO INTERNATIONAL REWARDS account will be required to redeem any Reward.

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem Gaucho Ca$h for such Rewards, or added to these EL PATIO INTERNATIONAL REWARDS Terms from time to time.

TRACKING YOUR ACCOUNT

EL PATIO INTERNATIONAL REWARDS participants can view and track qualifying purchases and available Rewards by logging into participant’s account at https://www.toasttab.com/elpatio/rewards or via the EL PATIO INTERNATIONAL mobile ordering app, if one is available. EL PATIO INTERNATIONAL reserves the right to change the number of Gaucho Ca$h required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion and at any given time without any previous notice.

Rewards Gaucho Ca$h expire after six months of account inactivity (i.e., no qualifying purchases), unless sooner terminated as a result of an account being deactivated as provided herein.

SPECIAL OFFERS

EL PATIO INTERNATIONAL may from time to time in its sole discretion make available to participants in EL PATIO INTERNATIONAL REWARDS the opportunity to earn additional Gaucho Ca$h through special offers, challenges, bonuses or other promotions. The terms and conditions applicable to any such special offers will be determined by EL PATIO INTERNATIONAL in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under EL PATIO INTERNATIONAL REWARDS may be different from or in addition to provisions of these EL PATIO INTERNATIONAL REWARDS Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your digital EL PATIO INTERNATIONAL REWARDS card, ID number, scannable code or other identifier associated with the EL PATIO INTERNATIONAL REWARDS account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one EL PATIO INTERNATIONAL REWARDS account.

El Patio International’s determinations of participant eligibility or any questions or disputes arising under the EL PATIO INTERNATIONAL REWARDS Program, these EL PATIO INTERNATIONAL REWARDS Terms or any other El Patio International Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these EL PATIO INTERNATIONAL REWARDS Terms, nothing in these EL PATIO INTERNATIONAL REWARDS Terms will limit EL PATIO INTERNATIONAL from exercising any legal or equitable rights or remedies that it may have.

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Without notice to you, EL PATIO INTERNATIONAL reserves the right to suspend and/or terminate any EL PATIO INTERNATIONAL REWARDS account and/or your participation in EL PATIO INTERNATIONAL REWARDS if EL PATIO INTERNATIONAL determines in its sole discretion that you have violated these EL PATIO INTERNATIONAL REWARDS Terms, you have more than one EL PATIO INTERNATIONAL REWARDS account, or that the use of your EL PATIO INTERNATIONAL REWARDS account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these EL PATIO INTERNATIONAL REWARDS Terms. EL PATIO INTERNATIONAL may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in EL PATIO INTERNATIONAL REWARDS is terminated, then all accumulated Gaucho Ca$h and Rewards in your account are void.

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There are no membership fees associated with EL PATIO INTERNATIONAL REWARDS, although use of online services in conjunction with participation in EL PATIO INTERNATIONAL REWARDS programs may result in data charges, internet access fees or similar expenses. Gaucho Ca$h and Rewards accumulated under the EL PATIO INTERNATIONAL REWARDS program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.

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There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. EL PATIO INTERNATIONAL reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of Gaucho Ca$h required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by EL PATIO INTERNATIONAL or the third party supplying the Reward. EL PATIO INTERNATIONAL reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other EL PATIO INTERNATIONAL REWARDS materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.

EL PATIO INTERNATIONAL is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the

Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in EL PATIO INTERNATIONAL REWARDS. If, for any reason, the EL PATIO INTERNATIONAL REWARDS program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of EL PATIO INTERNATIONAL which corrupt or affect the administration, security, fairness, integrity or proper conduct of any EL PATIO INTERNATIONAL REWARDS program, EL PATIO INTERNATIONAL reserves the right in its sole discretion to cancel, terminate, modify, or suspend the EL PATIO INTERNATIONAL REWARDS program or otherwise respond to the circumstances as EL PATIO INTERNATIONAL deems appropriate.

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CHANGES TO EL PATIO INTERNATIONAL REWARDS

EL PATIO INTERNATIONAL reserves the right to change, update and/or discontinue, in whole or in part, EL PATIO INTERNATIONAL REWARDS or any portion of the program, all or any portion of these EL PATIO INTERNATIONAL REWARDS Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to EL PATIO INTERNATIONAL REWARDS, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the EL PATIO INTERNATIONAL REWARDS Terms, we will revise the “last updated” date located at the top of these EL PATIO INTERNATIONAL REWARDS Terms. If you continue to participate in the EL PATIO INTERNATIONAL REWARDS program by earning Gaucho Ca$h, redeeming Gaucho Ca$h, logging into your account or otherwise participating in the program in any way after a change to these EL PATIO INTERNATIONAL Reward Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these EL PATIO INTERNATIONAL REWARDS Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to EL PATIO INTERNATIONAL REWARDS. If you do not agree to the EL PATIO INTERNATIONAL REWARDS Terms, you must stop participating in EL PATIO INTERNATIONAL REWARDS, by participating in EL PATIO INTERNATIONAL REWARDS LOYALTY PROGRAM you agree to these terms and conditions.

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DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against El Patio International, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “EL PATIO INTERNATIONAL REWARDS Entities”) arising out of or relating in any way to EL PATIO INTERNATIONAL REWARDS, Gaucho Ca$h or any Reward, your participation in any EL PATIO INTERNATIONAL REWARDS program, these EL PATIO INTERNATIONAL REWARDS Terms or the scope or applicability of this agreement to arbitrate (each, a “EL PATIO INTERNATIONAL REWARDS Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how El Patio International Rewards Disputes are resolved. You agree that whenever you have a EL PATIO INTERNATIONAL REWARDS Dispute, you will send a written notice to EL PATIO INTERNATIONAL (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these EL PATIO INTERNATIONAL REWARDS Terms. You must send the Demand to the following address (the “Notice Address”): EL PATIO INTERNATIONAL REWARDS, 5240 Randolph Rd, Rockville MD 20852. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 30 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 30 business days, the EL PATIO INTERNATIONAL REWARDS Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Rockville, MD; (4) the arbitrator’s decision shall be controlled by these EL PATIO INTERNATIONAL REWARDS Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Colorado law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable EL PATIO INTERNATIONAL REWARDS Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any EL PATIO INTERNATIONAL REWARDS Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any EL PATIO INTERNATIONAL REWARDS Entity exceed $125 USD, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, EL PATIO INTERNATIONAL agrees to pay them on your behalf, subject to ultimate allocation by the arbitrator; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected EL PATIO INTERNATIONAL REWARDS Entity shall be entitled to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company.

LIMITATIONS ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE EL PATIO INTERNATIONAL ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE EL PATIO INTERNATIONAL REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE EL PATIO INTERNATIONAL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A REGISTERED PARTICIPANT PROVES THAT EL PATIO INTERNATIONAL HAS IMPROPERLY DENIED SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. BY PARTICIPATING IN THE EL PATIO INTERNATIONAL REWARDS PROGRAM, EACH REGISTERED PARTICIPANT ALSO WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THE EL PATIO INTERNATIONAL REWARDS PROGRAM IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. AFTER SUCH ONE (1) YEAR PERIOD, THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.

CHANGES TO EL PATIO INTERNATIONAL’S EPR TERMS AND CONDITIONS

From time to time, we may change/update our EPRewards terms and conditions in our sole discretion.  All changes are effective immediately when we post them, and apply to all use of the Website/EPRewards thereafter.  Your continued use of the Website/EPRewards following the posting of the updated EPRrewards terms and contidions means that you accept and agree to the changes. You are expected to check this page from time to time and when agreeing to any particular service or offer, so you are aware of any changes, as they are binding on you. Changes/updates to our Privacy Policy will be indicated by the “Last Updated” date at the top of this page.

CONTACT US

For questions or concerns about our Terms and conditions, you may contact us via postal mail at:

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El Patio International, Inc.

5240 Randolph Rd

Rockville, MD 20852