These Terms and Conditions (the “Zipster Rewards Terms”) apply to any access to and/or participation in the Zipster rewards program (“Zipster Rewards”) which is operated by FCH Enterprises, Inc., dba Zippy’s Restaurants (“Zippy’s”). Information collected in connection with Zipster Rewards is governed by the Zippy’s Privacy Policy located at https://www.zippys.com/privacy/, which is incorporated herein by this reference. Please read the Zippy’s Privacy Policy before participating in Zipster Rewards to understand how Zippy’s collects, uses and discloses information about customers, how to update or change any personal information provided to Zippy’s, and/or the ways Zippy’s communicates with participants. Zipster Rewards (including all of its components) is deemed included in the definition of “Services” as that term is used in the Privacy Policy. In the event there is a direct conflict or inconsistency between these Zipster Rewards Terms and Zippy’s Privacy Policy, these Zipster Rewards Terms will prevail, govern and control with respect to any aspect of Zipster Rewards. These Zipster Rewards Terms do not otherwise alter the terms or conditions of any other agreement a participant may have with Zippy’s for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Zippy’s outside the context of Zipster Rewards. Information collected in connection with Zipster Rewards is governed by Zippy’s Privacy Policy.

Zipster Rewards is open to legal residents of the United States of America who are 13 years of age or older. Zipster Rewards is not targeted toward, nor intended for use by, anyone under the age of 13. Individuals between the ages of 13 and 18, may participate in Zipster Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Zipster Rewards Terms. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. No business entities, third-party aggregators, organizations, or groups may register for Zipster Rewards.

Zipster Rewards is a customer loyalty program that allows participants to receive loyalty points (“Zipcoin reward points”) and redeem such Zipcoin reward points for “Rewards” on an individual basis. Redemption of Zipcoin reward points for Rewards is subject to availability, and Zipcoin reward points may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Zipcoin reward points are awarded with each qualifying purchase in relation to the amount spent at participating Zippy’s restaurants. Participants begin accumulating points upon the first presentation of their Zipster Rewards account information at the time of a qualifying purchase. Participants may also earn Zipster Rewards through the performance of certain tasks or achievement of certain milestones, as determined at the sole and absolute discretion of Zippy’s.

To enroll in Zipster Rewards and begin accumulating points, eligible customers may either: (i) download the Zippy’s mobile app and follow the prompts to create a Zipster Rewards account; or (ii) visit www.zippys.com, locate the Zipster Rewards tab, and follow the prompts to create a Zipster Rewards account.  As part of the Zipster Rewards account sign-up process, enrollees will be given the option to receive marketing communications from Zippy’s via e-mail or SMS or other text message communication.  Participants are not required to opt-in to receiving marketing communications in order to participate in Zipster Rewards or as a condition of purchasing any goods or services from Zippy’s.  Participants who elect to opt-in to receive marketing communications acknowledge that Zippy’s or its designee may send them commercial text or email messages using automated technology and, thereby, consent and agree to that type of contact.  Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Zipster Rewards.  Participants should consult their wireless service provider’s pricing plan for details.  Participants can opt-out of receiving marketing communications at any time by contacting Zippy’s Customer Service at (808) 973-0880 or [email protected].  

Zipster Rewards account registration may require participants to provide their first name, last name, password, email address (required in order to receive all eligible Zipster Rewards), telephone number, zip code, and indicate their marketing preferences.  At the time of registration, participants may also elect to provide other information, including their birthday.  Zippy’s may periodically request additional information from participants to help it get to know participants better.  Participants agree to provide true and accurate information and to ensure that information is up-to-date and accurate.  Zippy’s is not responsible for any participant’s inability to receive or redeem Zipcoin reward points, benefits, or other Rewards or any other loss arising from a participant’s failure to provide and maintain accurate contact information.  

Participants may register for only one Zipster Rewards account, and additional accounts in their name or otherwise controlled by the same individual may be deactivated by Zippy’s in its sole discretion.

Points are automatically tracked at the time of the qualifying purchase, transaction, or activity.  Participants may accumulate Zipcoin reward points for any qualifying purchase made on and after their date of enrollment in Zipster Rewards.  To receive credit for a qualifying purchase and accumulate Zipcoin reward points, participants must present their Zipster Rewards account information (i) at the point-of-sale at a participating Zippy’s restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided they are logged in to their Zipster Rewards account, at the time they place an order for a qualifying purchase at www.zippys.com or via the Zippy’s mobile ordering app.  For purchases at Zippy’s restaurant locations with a QR code reader, participants should access their unique QR code through the Zippy’s mobile app and present it for scanning to their cashier at the time of checkout.  For purchases at Zippy’s restaurant locations without a QR code reader, participants should inform their cashier of their Zipster Rewards account information.  Zipcoin reward points will not be awarded for purchases at www.zippys.com or on the Zippy’s mobile ordering app if ordering as a guest and not via any Zipster Rewards account.  

Zippy’s reserves the right to retroactively award points not meeting these conditions in its sole discretion, but only upon provision of a valid receipt regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to enrollment in Zipster Rewards; or (ii) purchases made more than three (3) days prior to a request made to Zippy’s for such credit.  In no event will Zippy’s retroactively award points to any Zipster 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.

Participants will earn ten (10) Zipcoin reward points for each $1.00 spent.  To determine the number of Zipcoin reward points earned in a transaction, the total eligible purchase amount will be rounded to the nearest dollar, with $x.49 rounding down and $x.50 rounding up for Zipcoin reward point calculation (e.g., $1.49 = 10 Zipcoin reward points, $1.50 = 20 Zipcoin reward points).

In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Zippy’s gift card.  Purchases using other currency or promotional offers will not accrue points. 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 points. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases made through third-party delivery platforms and purchases of Zippy’s Holiday Meal Packages, alcoholic beverages, Zippy’s gift cards (including activations or reloads), and Zippy’s merchandise do not accumulate points. 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 the qualifying purchase amount. 

Pending Zipcoin reward points are distributed to participants once per day at 3:00 a.m. Hawaii Standard Time.  In certain cases, it may take twenty-four (24) hours or more for pending Zipcoin reward points to be credited.   Zipcoin reward points are non-transferable and will expire on the first day of the month following 180 days from the date they are earned.  Zippy’s reserves the right to deduct the points associated with a purchase from a Zipster Rewards account if the qualifying purchased is subsequently voided or cancelled. 

Once a Zipster Rewards participant accumulates the number of Zipcoin reward points needed for a Reward, the participant can redeem their Zipcoin reward points in exchange for Rewards through any participating Zippy’s location.  The Rewards are available for fast food take-out and dine-in meals.  The Rewards and corresponding number of Zipcoin reward points required to redeem such Rewards are initially as follows:

* Excludes Orange Bang and Lilikoi Drink

Once points are redeemed for a Reward, the corresponding number of Zipcoin reward points will be automatically deducted from the participant’s Zipster Rewards account.  Zippy’s reserves the right to select the Rewards available to participants and determine the number of Zipcoin reward points required to redeem any such Reward. The number of days each type of Reward, bonus or other offer is valid for varies.  Details for each specific Reward available for any participant to redeem will be available in the “Redeem” section of their Zipster Rewards account.  

After their first qualifying Zipster Rewards purchase, Zipster Rewards participants will receive as a sign-up bonus a one-time use coupon that may be used towards a rotating menu item and is valid for thirty (30) days.  Registered Zipster Rewards participants with at least one qualifying Zipster Rewards purchase will also receive a one-time use coupon, valid for fourteen (14) days, for a menu item within seven (7) days of the birthdate listed on their Zipster Rewards account. Coupons or rewards that consist of Zippy’s menu items may be redeemed at participating Zippy’s restaurants, subject to availability.  A digital Reward coupon associated with a valid Zipster Rewards account will be required to redeem any menu item Reward.

Zippy’s may initiate other special promotions and issue other types of one-time use coupons as a part of Zipster Rewards throughout the year.  Some Rewards may be added immediately, while others may be added within approximately 48 hours.  Zippy’s may offer participants various other opportunities to use or redeem their points (e.g., for Zippy’s merchandise, or to allow a participant to indicate that he or she would like to surrender points to Zippy’s in exchange for Zippy’s making a donation to a specified charity).  Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Zipster Rewards Terms.  Once a participant’s Zipcoin reward points have been redeemed, they are gone and there will be no refunds, returns or exchanges for additional Zipcoin reward points, points, cash, or other goods and services, even if the participant returns the Reward or other item(s) that their Zipcoin reward points were redeemed toward.

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Zipster Rewards Terms from time to time.  In addition, Rewards may be subject to the Hawaii general excise tax (if required to be paid under applicable law) and service fees (which will be paid to the restaurant staff) on the retail price of the redeemed food and drink items.

Zipster’s Rewards participants can view and track qualifying purchases and available Rewards by logging into their account at https://www.zippys.com/ or via the Zippy’s mobile ordering app. Zippy’s reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time.

Unredeemed Zipcoin reward points expire on the first day of the month following 180 days from the date they are earned. When Zipcoin reward points are redeemed, the oldest available Zipcoin reward points Points are applied first. Once Zipcoin reward points expire or are used to redeem a Reward, the Zipcoin reward points will be removed from participant’s account. 

Zippy’s reserves the right to cancel a participant’s Zipster Rewards registration if the participant’s Zipster Rewards account remains inactive for a period of one (1) year or more. Accordingly, once a participant enrolls in Zipster Rewards, if such participant does not make a purchase or engage in an activity for which the Participant will receive Zipcoin reward points within one (1) years after their initial registration or the last recorded purchase or activity for which the participant received Zipcoin reward points, Zippy’s reserves the right to cancel their account. Participants  understand and agree that cancellation by Zippy’s of a Zipster Rewards account will result in the cancellation of all Zipcoin reward points and Rewards associated with that Zipster Rewards account and the inability to earn and/or redeem further Zipcoin reward points and Rewards under such account.

Participants may opt-out of Zipster Rewards at any time.  Upon cancellation, any unredeemed Zipcoin reward points or Rewards will automatically be cancelled and will no longer be available for redemption. Zippy’s reserves the right to suspend or terminate, at Zippy’s sole and absolute discretion, any Zipster Rewards account if Zippy’s believes that the account holder has abused certain privileges, has violated or acted inconsistently with these Zipster Rewards Terms or applicable law, or otherwise acted in a manner harmful to Zippy’s interests. Zippy’s further reserves the right to refuse fulfillment of any orders, including those placed through a Zipster Rewards account, if Zippy’s believes that a participant has violated or acted inconsistently with these Zipster Rewards Terms or applicable law or acted in a manner harmful to Zippy’s interests, or may be likely to do so based upon prior communications, conduct, interactions, or similar factors.

Upon cancellation or termination for any reason, a Zipster Rewards account shall immediately cease, and such Zipster Rewards account may no longer accrue Zipcoin reward points or Rewards.  Zippy’s has no obligation to and shall not compensate participants for any unredeemed Zipcoin reward points, Rewards, or other benefits offered under Zipster Rewards following cancellation. Because Zippy’s plans its communications in advance, it may take several weeks for a participant’s cancellation request to become effective. If participants who wish to cancel their enrollment continue to receive communications after expressing an opt-out preference, please notify Zippy’s so that it can investigate the situation.

Zippy’s may from time to time in its sole discretion make available to Zipster Rewards participants the opportunity to earn additional Zipcoin reward points, and/or achievement “badges” or other program features, through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Zippy’s 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 Zipster Rewards may be different from or in addition to provisions of these Zipster Rewards Terms, participants should read any such special offer terms and conditions carefully before participating in any special offer.

Zipster Rewards account information, including any scannable code or other identifier associated with a participant’s Zipster Rewards account, are personal to the participant and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used for any commercial purpose. Each individual may have only one Zippy’s Rewards account.

Other than as set forth in the Dispute Resolution section of these Zipster Rewards Terms, nothing in these Zipster Rewards Terms will limit Zippy’s from exercising any legal or equitable rights or remedies that it may have.  Zippy’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Zipster Rewards Terms and any decision it makes relating to participant eligibility, termination, suspension, or other disabling of Zipster Rewards or a participant’s account (including, but not limited to, cancellation or suspension of Zipcoin reward points, Rewards, or other offers) shall be final and binding and not subject to challenge or appeal.  Should a participant object to any of these Zipster Rewards Terms, or any subsequent modifications thereto, or become dissatisfied with Zipster Rewards, participant’s sole remedy is to discontinue participation in the Zipster Rewards and properly cancel their account in the manner provided above. These Terms shall be governed by the laws of the State of Hawaii, without regard to conflict of laws provisions or principles.

Without notice, Zippy’s reserves the right to suspend and/or terminate any Zipster Rewards account and/or any individual’s participation in Zipster Rewards if Zippy’s determines in its sole discretion that such individual violated these Zipster Rewards Terms, has more than one Zipster Rewards account, or that the use of their Zipster Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Zipster Rewards Terms. Zippy’s may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that an individual’s participation in Zipster Rewards is terminated, then all accumulated Zipcoin reward points and Rewards in their account shall be deemed void.

There are no membership fees associated with Zipster Rewards, although use of online services in conjunction with participation in Zipster Rewards may result in data charges, internet access fees or similar expenses.  Zipcoin reward points, Rewards, account status and other benefits accumulated under Zipster Rewards 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.

There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Zippy’s 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 points 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 Zippy’s.  Zippy’s reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason.  Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Zipster Rewards materials are for illustrative purposes only.  The actual Reward may vary from the Reward pictured.

Zippy’s 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 Zipster Rewards. If, for any reason, the Zipster 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 Zippy’s which corrupt or affect the administration, security, fairness, integrity or proper conduct of Zipster Rewards, Zippy’s reserves the right in its sole discretion to cancel, terminate, modify, or suspend Zipster Rewards or otherwise respond to the circumstances as Zippy’s deems appropriate.

Zippy’s reserves the right to change, modify or terminate the Zipster Rewards program, or any or all benefits under the Zipster Rewards program, or any policy pertaining to the Zipster Rewards program, at any time, for any reason, including its right to change the expiration date or redemption value of Zipcoin reward points or Rewards, merge the Zipster Rewards program with another program, or to adjust how Zipcoin reward points or Rewards are received, calculated or redeemed.  Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to these Zipster Rewards Terms to the Zippy’s website or mobile app, and participants waive any right they may have to receive specific notice of such changes or modifications. If Zippy’s changes or modifies the Zipster Rewards Terms, Zippy’s will revise the “last updated” date located at the top of these Zipster Rewards Terms. Zippy’s may also attempt to notify participants in other ways.  A participant who continues to participate in the Zipster Rewards program (through earning points, redeeming points, logging into their account or otherwise participating in Zipster Rewards in any way) after a change to these Zipster Reward Terms, will be deemed to have read, understood and unconditionally consented and agreed to such changes.  Therefore, participants should review these Zipster Rewards Terms and applicable policies frequently to understand the terms and conditions that apply to Zipster Rewards. Any participant who does not agree to the Zipster Rewards Terms should stop participating in Zipster Rewards.

By registering for and participating in Zipster Rewards, participants agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) they may have at law or in equity against Zippy’s, 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 “Zipster Rewards Entities”) arising in whole or in part out of or relating in any way to Zipster Rewards, Zipcoin reward points or any Reward, their participation in any Zippy’s Rewards program, these Zipster Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Zipster Rewards Dispute”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects participant rights and will have a substantial impact on how Zipster Rewards Disputes are resolved. By registering for and participating in Zipster Rewards, participant agrees that whenever a Zipster Rewards Dispute arises, such participant (“Affected Participant”) will send a written notice to Zippy’s (“Demand”) to give Zippy’s an opportunity to resolve the claim. Affected Participant agrees that the requirements of this paragraph will apply even to disputes that may have arisen before Affected Participant accepted these Zipster Rewards Terms. Affected Participant must send the Demand to the following address (the “Notice Address”): Zipster Rewards Legal Disputes, 1765 South King Street, Honolulu, HI 96826.  Affected Participant agrees that they will not take any legal action, including filing a lawsuit or demanding arbitration, until sixty (60) business days after they send a Demand. If the disagreement stated in the Demand is not resolved to an Affected Participant’s satisfaction within such sixty (60) days, the Zipster Rewards Dispute shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of Dispute Prevention & Resolution, Inc. (“DPR”) in Honolulu, Hawaii, and pursuant to the Hawaii statutes governing arbitration.  The arbitrator shall be selected by the parties, but if the parties are unable to reach agreement on selection of the arbitrator within thirty (30) days after the date on which the notice of arbitration is sent to the parties to the arbitration, then the arbitrator will be selected in accordance with the rules of  DPR.  The parties agree that the arbitrator shall be an attorney, actively engaged in the practice of law for a minimum fifteen (15) years, or a retired judge, each of which shall have demonstrable experience with and knowledge of the specific claim at issue in the arbitration.  Consistent with the provisions of Section 14 hereof, in no event shall a party be entitled to consequential, special, indirect, exemplary or punitive damages in any arbitration or judicial proceeding.  The arbitrator shall not have subject matter jurisdiction to decide any issues relating to the statute of limitations or to any request for injunctive relief, and the parties hereby stipulate to stay the arbitration proceeding (without the need of a bond) until any such issues in dispute are resolved.  Judgment upon the award rendered by the arbitrator shall be final, binding and conclusive upon the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, and may be entered in any court of competent jurisdiction. All questions as to the meaning of the provisions of this paragraph, or as to the arbitrability of any dispute under this paragraph shall be resolved by the arbitrator, shall be absolutely binding, and not subject to judicial review. The costs and expenses of arbitration shall be borne ultimately as the arbitrator directs but each party shall pay the costs and expenses of its own counsel and of any witnesses and evidence presented by such party.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). PARTICIPANT AND ZIPPY’S EACH AGREE THAT PARTICIPANTS MAY ONLY BRING CLAIMS IN THEIR INDIVIDUAL CAPACITY ON THEIR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If Zippy’s believes that any claim filed by a participant is inconsistent with this limitation, then participant agrees that Zippy’s may seek an order from a court determining whether the claim is within the scope of this class action waiver.

If a court or arbitrator determines in an action between participant and Zippys that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that a participant or Zippy’s may assert in that or any other action).

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE ZIPSTER REWARDS TERMS, UNDER NO CIRCUMSTANCES SHALL THE ZIPSTER REWARDS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ZIPSTER REWARDS, EVEN IF ANY OR ALL OF THE ZIPSTER REWARDS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A ZIPSTER REWARDS PARTICIPANT PROVES THAT ZIPPY’S HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN ZIPSTER REWARDS, EACH ZIPSTER REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO ZIPSTER REWARDS MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.