Effective Date: January 2025
These Terms of Use Agreement describe how you may use the websites and digital services operated by HH LESOP Co doing business as Live.Eat.Surf, including K38 Baja Grill and Tower 7 (collectively “Live.Eat.Surf”, “we”, “us”, or “our”).
By using our websites (including liveeatsurf.com, k38bajagrill.com, tower7.com), placing online orders, joining a waitlist, enrolling in Live.Eat.Surf Rewards, or interacting with our email or SMS communications, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use our services.
These Terms apply to current and future Live.Eat.Surf locations and brands.
- Eligibility
- Our websites are intended for use in the United States, primarily within North Carolina.
- The Live.Eat.Surf Rewards program is intended for guests who are 18 years of age or older.
- By enrolling in Rewards, you confirm that you are at least 18.
- Scope of These Terms
These Terms govern your use of:
- Live.Eat.Surf, K38 Baja Grill, and Tower 7 websites
- Online ordering and payment flows hosted by Toast or linked from our sites
- Waitlist and reservation tools
- Live.Eat.Surf Rewards loyalty program
- Email and SMS communications related to orders, waitlists, and marketing
- In-restaurant promotions that reference these Terms
Other services or pages may have additional terms. If there is a conflict, those specific terms will control for that service.
- Accounts and Guest Information
You may be asked to create an account or provide information when:
- Placing online orders
- Joining the waitlist
- Enrolling in Live.Eat.Surf Rewards
- Subscribing to email or SMS communications
You agree to:
- Provide accurate, current, and complete information
- Keep your contact details up to date
- Maintain the confidentiality of your login information where applicable
- Notify us promptly of any suspected unauthorized access
You are responsible for all activity that occurs under your account, except where required by law.
- Live.Eat.Surf Rewards Program
4.1 Enrollment
Live.Eat.Surf Rewards is a cobranded program used across Live.Eat.Surf locations, including K38 Baja Grill and Tower 7. Guests may enroll through:
- Toast POS and guest-facing displays
- Toast online ordering
- Waitlist and online forms
- QR codes and sign up pages on our websites
- Digital receipts or other Toast-powered flows
Enrollment requires certain information such as name, email, phone number, and date of birth for birthday rewards.
4.2 Earning Points
- Points are earned on eligible purchases, as configured in Toast Loyalty.
- Points may not be earned on taxes, fees, discounts, or certain excluded items.
- We may define sign up bonuses, birthday rewards, or other promotions within the program.
- The specific point earn rates and reward values may be updated from time to time.
4.3 Redemption and Value
- Points and rewards have no cash value.
- Rewards may not be exchanged for cash.
- Rewards can be used only on qualifying purchases according to current program rules.
- We may set minimum or maximum redemption limits per order through Toast Loyalty settings.
4.4 Program Changes
We may, at any time:
- Change point earn rates or reward thresholds
- Add, change, or remove reward types
- Update earning or redemption rules
- Suspend, limit, or discontinue the program or any part of it
If the program is changed or discontinued, you may lose some or all accumulated points or rewards. We are not responsible for any perceived loss of value.
4.5 Misuse and Account Issues
We may suspend or terminate a Rewards account, and reduce or cancel points or rewards, if we believe:
- The account is being used fraudulently or in violation of these Terms
- Information provided is false or misleading
- Program abuse, misrepresentation, or other improper activity is occurring
- Online Ordering and Waitlist
5.1 Orders
Our online ordering tools are typically powered by Toast or another service provider. When you place an order:
- Availability, pricing, and menu items may vary by location and time.
- Your order is not final until accepted by the restaurant.
- We may cancel or refuse orders for reasons such as product availability, errors in pricing or descriptions, or suspected fraud.
5.2 Payment Processing
- Payment for online orders is processed by Toast or another third-party processor.
- Live.Eat.Surf does not store your full payment card information on its own systems.
- Payment data handling is governed by the processor’s own terms and policies.
5.3 Sales Are Final
- All food and beverage sales are generally final.
- If there is an issue with your order, such as missing or incorrect items, contact the restaurant directly so we can address it.
5.4 Waitlist and Seating
- Waitlist times are estimates and not guarantees.
- We reserve the right to manage seating and waitlist priority at our discretion.
- Communications: Email and SMS
By providing your email or phone number, you agree that we may send:
- Order and waitlist confirmations and updates
- Loyalty and account messages
- Marketing messages, promotions, and event announcements
Message and data rates may apply for SMS.
You may opt out of marketing messages at any time by:
- Clicking “unsubscribe” in marketing emails
- Replying STOP to marketing SMS messages
You may still receive operational messages related to active orders, reservations, or account security.
- Acceptable Use of Our Sites and Services
You agree not to:
- Use the sites or services for any unlawful or fraudulent purpose
- Impersonate another person or misrepresent your affiliation
- Introduce viruses, malware, or harmful code
- Attempt to gain unauthorized access to systems, accounts, or data
- Interfere with the operation or security of our websites or digital tools
- Use automated tools to scrape, copy, or monitor the sites without permission
We may suspend or block access if we believe these rules are being violated.
- Intellectual Property
All content on our websites and digital properties is owned by Live.Eat.Surf or its licensors, including:
- Logos and branding
- Menus, photos, and graphics
- Text, designs, and layouts
You may view and use the sites for personal, non-commercial purposes only. You may not copy, modify, distribute, or use our content for any other purpose without written permission.
- Third-Party Services and Links
We work with third-party providers such as:
- Toast POS, Toast Online Ordering, Toast Loyalty, and Toast CRM
- GatherUp and other feedback tools
- Analytics and advertising tools such as Google Analytics and Meta Pixel
- Third-party marketing partners and web hosting providers
These services may collect or process data as described in our Privacy Policy. We are not responsible for the content, policies, or practices of third-party sites or tools that we do not control.
- Disclaimers
Our sites, loyalty program, and digital services are provided on an “as is” and “as available” basis.
To the extent permitted by law:
- We do not guarantee that the sites or services will be uninterrupted or error free.
- We do not guarantee that menus, prices, hours, or promotions are always current or accurate.
- We do not warrant that digital services will be free from viruses or other harmful components.
You use our websites, online ordering, and loyalty program at your own risk.
- Limitation of Liability
To the extent permitted by North Carolina law:
- Live.Eat.Surf and its owners, officers, employees, and affiliates will not be liable for indirect, incidental, special, or consequential damages arising from your use of our sites or services, your participation in Live.Eat.Surf Rewards, or any delays or failures in digital systems.
- Our total liability for any claim related to your use of our digital services will not exceed the amount you paid, if any, for the specific transaction at issue.
Some jurisdictions do not permit certain limitations; in those cases, this section will apply only to the extent allowed by law.
- Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.
Any disputes arising from or related to these Terms, our websites, or the Live.Eat.Surf Rewards program will be handled in the state or federal courts located in North Carolina, unless applicable law requires otherwise.
- Changes to These Terms
We may update these Terms from time to time. When we do:
- We will change the “Effective Date” at the top of this page.
- Your continued use of our sites or services after changes are posted means you accept the updated Terms.
If we make a significant change, we may also highlight it on the site or in guest communications, where appropriate.
- Privacy
Your use of our sites, digital services, and loyalty program is also governed by the Live.Eat.Surf Privacy Policy, which explains:
- What information we collect
- How we use and share it
- Your choices and rights
You can contact us about privacy at:
privacy@LiveEatSurf.com
- Contact Us
If you have questions about these Terms or our digital services, you can contact us through the website contact form or by email at:
privacy@LiveEatSurf.com
