(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices must be provided to our Copyright Agent at:

DMCA Copyright Agent

801 University Ave., San Diego, CA 92103

619-269-4022

info@betterbuzzcoffee.com

Better Buzz Coffee Company

801 University Ave., San Diego, CA 92103

(619) 269-4022

info@betterbuzzcoffee.com

REWARDS PROGRAM & APP TERMS & CONDITIONS

 Last Update: 1/12/22

The following Terms and Conditions (“Terms and Conditions”) apply to Better Buzz Coffee Company, LLC’s (“Better Buzz”) Mobile App (the “App”) and Rewards Program (the “Rewards Program” or the “Program”) and they supersede any prior terms and conditions relating to any Better Buzz rewards or loyalty programs. These Terms and Conditions are a legal and binding agreement between you and Better Buzz that governs your use of the App, which includes its content, information, services, and features, and your participation in our Rewards Program.

As used herein, “you” and “your” refer to the person who is using the App or participating in the Rewards Program. “We,” “us,” and “our” refer to Better Buzz.

BY USING THE APP OR PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. 

Please read these Terms and Conditions and our Privacy Policy carefully. If you do not agree to these terms, then do not use this App or participate in the Regards Program. You should review these Terms and Conditions periodically as we may update them from time to time. Your continued use of the App or participation in the Rewards Program shall be deemed your unconditional acceptance of any such modifications.

REWARDS PROGRAM

Better Buzz offers rewards to thank our loyal customers. The Rewards Program is available through the App to enrolled members at participating Better Buzz locations in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.

PROGRAM MEMBERSHIP ELIGIBILITY

You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; and (3) have an active, valid e-mail address. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. 

The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

REGISTRATION

Participation in the Program requires you to download and use the App on an iOS or Android device. You can download the App from the Apple App Store or Google Play. Once you have downloaded the App you may use it to create your account (“Account”) to register for the Program. Registration may require you to provide us with certain information about yourself, including your phone number and birthdate. You will also be asked to choose a password.

Whenever the App requires you to complete a registration process and/or set up an Account or login, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Better Buzz immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Better Buzz or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

Your Rewards Program Account is personal to you and may not be sold, transferred, or assigned, or shared with family, friends, or others. You may only have one (1) Rewards Account. You may not use anyone else’s account or login information. Better Buzz shall not be liable for any loss or damage arising from your failure to comply with these obligations.

POINTS TOWARDS REWARDS

• Earning Points through Purchases

While participating in the Rewards Program, you will earn and receive Points towards Rewards (all as defined below) as follows: You will receive one (1) point for every dollar ($1.00) you spend on qualifying purchases in a single transaction on the App or website for Ordering Ahead (as defined below), or in person at a Better Buzz location. Your accrual of Points is based on pre-tax transaction totals. If your total is fifty cents or more ($0.50), we will round up to the nearest dollar. If your total is forty-nine cents ($0.49) or less, we will round down to the nearest dollar. You may not split one visit into multiple transactions for the sole purpose of accumulating more Points. From time to time, Better Buzz may offer additional Points for various limited-time promotions.

Please note you may not earn Points for the purchase of Better Buzz gift cards or loading value onto existing Better Buzz stored value cards. You will also not earn Points for Door Dash or other third-party delivery orders, or for orders made on our general webstore.

Tender for qualifying purchases may be in cash, credit or debit cards, Apple Pay®, or Better Buzz stored value cards (physical or digital). To receive Points, you must first register an Account with us. For in-store purchases, you may scan your QR code on the App at the register before completing your transaction. You may also provide the name and phone number associated with your Account to our team member at the register before completing your purchase. Alternatively, you may receive Points by scanning your receipt or entering your receipt barcode into the App within fifteen (15) days of your qualifying purchase.

You will automatically receive Points for qualifying purchases if you are logged into your Account when you complete an Order Ahead transaction made through our App or website.

• Referral Points

You may also earn Points by referring friends.  You will earn ten (10) Points for each referral who uses your invite code when they sign up for the Program once the referral makes their first qualifying purchase through the Program.

• Points Balance

It may take more than twenty-four (24) hours for your Points to be posted to your Account.  Please note all available Points in your Account Points Balance may expire after three hundred and sixty-five (365) days of inactivity on your Rewards Account.  An account is “inactive” if you do not earn any Points during any three hundred and sixty-five (365) day period.

Your available Points in your Account will be the aggregate amount of posted Points less the aggregate amount of Points converted into Rewards and any expired Points (the “Points Balance”). You may check your Points Balance at any time using the App or by asking a team member for assistance at one of our locations.   

REWARDS

When you accrue 100 Points in your Rewards Account, we will automatically convert them into a Reward of one (1) complimentary beverage of your choice* which you may redeem through an App order or at any Better Buzz location. The Reward is valid for thirty (30) days after it is posted to your Account.  Once you earn a Reward, you may start accumulating points towards another Reward. 

WELCOME REWARDS

After registering for our Rewards Program and completing your first qualifying purchase using your Account, we will post a one-time Welcome Reward ("Welcome Reward") to your Account for one (1) complimentary beverage of your choice.* The Welcome Reward is valid for ninety (90) days after it is posted to your Account and can be redeemed through an App order or at any Better Buzz location on a subsequent visit.

BIRTHDAY REWARDS

After registering for our Rewards Program, providing us with your birthday during the registration process, and completing your first qualifying purchase through the Program, you will be eligible to receive one (1) complimentary beverage of your choice* on your following birthdays (the "Birthday Reward") each year your Account remains active.  Birthday Rewards may be redeemed using the App or at any Better Buzz location. Birthday Rewards will expire seven (7) days after your birthday.

ADDITIONAL PROMOTIONS AND REWARDS  

From time to time, Better Buzz may offer certain other promotional offers and other promotional rewards (“Promotional Rewards”) as part of the Rewards Program. Promotional offers and related Rewards will be subject to the terms and conditions of each respective promotional offer and Promotional Reward, including, without limitation, qualifying purchases and applicable expiration dates. 

REDEEMING REWARDS, INCLUDING WELCOME REWARDS, BIRTHDAY REWARDS, AND PROMOTIONAL REWARDS

*You may only redeem a Reward for one (1) complimentary “behind-the-bar” beverage with up to two “add-ons.” “Add-ons” include base-recipe upgrades or alternatives that are customarily received for an additional cost, such as milk alternatives or an extra espresso shot. Rewards may not be used to redeem bottled or other self-serve cooler beverages, smoothies, bowls, or other food items.

You may redeem available Rewards by applying the Reward at checkout on the App.  You may also redeem available Rewards in-store by using the App or by requesting a team member to look up your Account to apply a Reward.

Each time you redeem a Reward, including Welcome Rewards, Birthday Rewards, and Promotional Rewards, we will remove it from your Account. You may only redeem one Reward per transaction at a Better Buzz location regardless of the number of Rewards you have earned in your Account. Rewards may not be combined with any other offer, coupon, or other promotion.  Rewards may not be used to satisfy any requirement of a Promotional Offer that requires you to purchase any item, including, but not limited to, potential “Buy-one-get-one-free” promotions.

Points and any Rewards under our Rewards Program have no cash value and they are not redeemable for cash, except as required by law. 

 ADDITIONAL REWARDS PROGRAM TERMS AND CONDITIONS

Better Buzz reserves the right at any time, with or without giving you prior notice, to:

• end or cancel the Rewards Program and/or any specific Reward;
• change any Reward or other Rewards Program benefit we offer;
• change the requirements for earning a particular Reward;
• change the time you have in which to earn a particular Reward; and/or
• change any other feature of the Rewards Program.

Better Buzz further reserves the right to cancel, terminate, suspend, or revoke your Account and/or participation in the Rewards Program at any time in its sole discretion, without advance notice, subject to applicable law. For example, Better Buzz may take such action as it deems appropriate when we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Account, or that the use of your Account is unauthorized, deceptive, fraudulent, or otherwise unlawful.

Better Buzz may, in its sole discretion, suspend, cancel, or combine Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Better Buzz also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 365 or one calendar year.

If we cancel, terminate, suspend, or revoke your Account, you may not accrue additional Points or earn additional Rewards of any kind, and your Points Balance and any earned Rewards may expire immediately.

Additionally, Better Buzz may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given herein. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App. 

Better Buzz also reserves the right to cancel, terminate, or suspend the Rewards Program at any time in its discretion upon thirty (30) days’ prior notice.  If we cancel, terminate, or suspend the Rewards Program, you will not accrue any additional Points or earn additional Rewards of any kind. Earned but unused Rewards at the time of cancellation, termination, or suspension will expire on the expiration date applicable to each such Reward, and you may not redeem any Rewards after the end date.

ORDERING AHEAD

You can use your Account to order ahead for pick up (or curbside pick-up where offered) using the App or our website, www.betterbuzzcoffee.com (collectively, “Ordering Ahead”). When Ordering Ahead you must pay using a credit or debit card, Apple Pay, or a Better Buzz stored value card.

Ordering Ahead is also subject to our Website Terms and Conditions located at betterbuzzcoffee.com/pages/terms-conditions, a copy of which are incorporated by this reference. In the event of any inconsistencies between our Website Terms and Conditions and these Terms and Conditions, these Terms and Conditions shall control.

 BETTER BUZZ STORED VALUE CARDS AND YOUR ACCOUNT

After you create an Account on our App, you can load and use one (1) digital Better Buzz stored value card on the Account. You may transfer value to your digital card via credit or debit cards, Apple Pay®, or from other Better Buzz stored value cards via the App or in one of our locations with the help of a team member during any transaction.  You may also check the balance of the digital Better Buzz stored value card associated with your account on the App or by asking a team member at one of our locations.

Use of Better Buzz stored value cards are further subject to our Stored Value Card Terms and Conditions located at www.betterbuzzcoffee.com/giftcard, a copy of which are incorporated by this reference.

UNAUTHORIZED USE

You are responsible for safeguarding your Account, including any Better Buzz stored value cards or other payment info associated with it, from all unauthorized use. Better Buzz is not responsible if your Account is used in any way without your permission, including purchases or redemption of available Rewards. Better Buzz is not responsible for nor assumes any liability for any third party’s fraud or unlawful conduct in connection with an Account.  Lost, stolen, used, or expired Points or Rewards will not be reinstated or otherwise replaced. 

If you believe any unauthorized access to or use of your Account has occurred, you may notify us at rewards@betterbuzzcoffee.com or (833) 976-0982. Upon receipt of such notification, we will help you to set up a new account and transfer your existing Points Balance and any remaining available Rewards.

CONTENT AND USE

The App and all content, information, and other materials featured, displayed, contained, and available on the App (collectively, the "Content") are owned by or licensed to Better Buzz and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Better Buzz grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the App or its Content.

You agree to use the App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Better Buzz may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

PROGRAM COMMUNICATIONS

As a part of the Rewards Program, Better Buzz will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, text, and/or any other ways you may have selected when you enrolled in the Rewards Program.

By creating an Account, you consent to receive communications from us electronically and that all agreements, notices, disclosures, or other communications we may provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences. You are responsible for keeping your contact information up to date. Better Buzz is not responsible for communications, including Points, Rewards, and Promotional Offers, that are lost due to your change of address or changes in other contact information or preferences.

By opting into our text messaging service (the “Text Service”) via the App, you are also agreeing to our Text Message Terms and Conditions available at betterbuzzcoffee.com/pages/terms-conditions, a copy of which is incorporated by this reference.  In the event of any inconsistencies between our Text Message Terms and Conditions and these Terms and Conditions, these Terms and Conditions shall control.

You can cancel the Text Service at any time by texting “STOP” to the short code.  After you send a “STOP” message to us, we may send you a message to confirm that you have been unsubscribed.

PRIVACY

Please review our Privacy Policy located at https://betterbuzzcoffee.com/pages/privacy-policy (the “Privacy Policy”), which is incorporated herein and also governs your use of our App, to understand Better Buzz privacy practices.

NO WARRANTIES

THE APP, THE CONTENT, AND THE REWARDS PROGRAM ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND BETTER BUZZ HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BETTER BUZZ DOES NOT GUARANTEE THAT THE APP, CONTENT, OR REWARDS PROGRAM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL BETTER BUZZ BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS AND CONDITIONS, WHETHER OR NOT BETTER BUZZ MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

ARBITRATION & CLASS ACTION WAIVER

Any claim or controversy arising out of or relating to the App or Rewards Program shall be resolved by binding, individual arbitration administered by the American Arbitration Association in accordance with its Consumer-Related Arbitration Rules, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Diego, California.

Notwithstanding the foregoing, you may assert claims against us in small claims if your claims are within such court’s jurisdiction. The exclusive venue for such small claims will be the appropriate small claims court located in San Diego, California.

We and you agree that any dispute resolution proceeding (whether in arbitration or court for any reason) will be conducted only on an individual basis and not in a class, consolidated, or representative action, all of which are hereby waived. Thus, you may not assert claims as a plaintiff or class member in any purported class or representative proceeding.

If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any such claims must be commenced and maintained exclusively by the appropriate court located in the County of San Diego, State of California. Both Better Buzz and you hereby submit to the exclusive jurisdiction and venue of any such court and waive any and all objections to jurisdiction and venue (whether improper venue or inconvenient forum) of those courts.

In addition, WE AND YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING OR RELATING TO THE APP OR REWARDS PROGRAM.

GOVERNING LAW

The App, Rewards Program, and these Terms and Conditions are governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles.

GENERAL PROVISIONS

All or any of Better Buzz’s rights and obligations hereunder may be assigned without notice to you. You may not assign any rights or obligations hereunder without Better Buzz’s prior consent which may be withheld in its sole discretion. Any attempted assignment by you without Better Buzz’s prior consent will be void. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Better Buzz’s failure to act with respect to a breach by you or others does not waive Better Buzz’s right to act with respect to that breach or subsequent or similar breaches.   

INTERNATIONAL USERS

The App is controlled, operated, and administered by Better Buzz from offices within the United States of America, and it is not intended for use outside of the United States. We make no representation regarding use of the App outside of the United States.  You may not use the App or export any portion of it in violation of U.S. export laws and regulations.  If you access the App from locations outside of the United States of America, you are responsible for compliance with all local laws.

MODIFICATIONS

We may modify these Terms and Conditions from time to time. When we do, we will notify you by email, posting a notice on the App, by updating this page, or otherwise as required under applicable law. It is therefore very important that you frequently check these Terms and Conditions for any updates or revisions and update your account information or notify us when your email address changes.

Unless otherwise indicated or required by law, any amendments to these Terms and Conditions will apply to any transactions occurring on or after the effective date of such amendment.  Your continued use of the App or participation in the Rewards Program, including earning Points or Rewards or redeeming Rewards, after any modification confirms your acceptance to the modifications.

QUESTIONS

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can email us at rewards@betterbuzzcoffee.com, call (833) 976-0982 Monday through Friday, 8 A.M. – 5 P.M. PT, or write us at 801 University Ave., San Diego, CA 92103.

 

TEXT MESSAGE TERMS AND CONDITIONS

By opting in to or using Better Buzz Coffee Company, LLC’s (“Better Buzz”) text message service (the “Text Service”), you accept the following terms and conditions and agree to resolve disputes with Better Buzz through arbitration and on an individual basis. 

1. Opting In

Participants who opt-in to the Text Service may receive alerts and other information via text messages from Better Buzz.  You must be at least 13 years old to join.  

You agree that by texting a specific keyword to a specific number or short code as specified in the applicable message you are opting into the Text Service. You do not have to opt-in as a condition of any purchase.  Opting in authorizes Better Buzz to use autodialer or non-autodialer technology to send text messages to the cell phone number you used to join the Text Service.  Better Buzz may send multiple, recurring messages, although Text Service members can anticipate receiving texts at least weekly.

Opting in also confirms that you are at least 13 years of age and are the subscriber to the phone number associated with your opt-in request, or in the case of a family or business plan, that you are the customary user of the number and are authorized to opt in.

Please note that Better Buzz reserves the right to terminate the Text Service or your participation in it at any time with or without notice.

2. Opting Out

You can cancel the Text Service at any time.  You may text “STOP” to the short code.  After you send a “STOP” message to us, we may send you a message to confirm that you have been unsubscribed.  If you would like to join the Text Service again, just opt-in to sign up as you did the first time.   

3. More Information

If you are experiencing issues with the Text Service you can reply with the keyword “HELP” for more assistance, or you can get help directly by calling (833) 976-0982.

4. Arbitration of Disputes; Class Action & Jury Waiver

Any claim or controversy arising out of or relating to the Text Service shall be resolved by binding, individual arbitration administered by the American Arbitration Association in accordance with its Consumer-Related Arbitration Rules, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The place of Arbitration shall be San Diego, California.

You acknowledge and agree that any dispute resolution proceeding will be conducted only on an individual basis and without resort to any form of class action, as any such class, collective, or representative basis is hereby waived. Thus, you may not assert claims as a plaintiff or class member in any purported class or representative proceeding.

If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any such claims must be commenced and maintained exclusively by the appropriate court located in the County of San Diego, State of California. Both you and Better Buzz hereby submit to the exclusive jurisdiction and venue of any such court and waive any and all objections to jurisdiction and venue (whether improper venue or inconvenient forum) of those courts.

In addition, WE AND YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING OR RELATING TO TEXT SERVICE.

5. Data Rates and Carrier Information

As always, message and data rates may apply.  If you have any questions about your text or data plan, please contact your wireless provider. Please note carriers are not liable for delayed or undelivered messages.

6. Privacy

Your participation in the Text Service and our handling of your information is also subject to our Privacy Policy available at https://betterbuzzcoffee.com/pages/privacy-policy

7. Governing Law

Any disputes arising from these Terms and Conditions or the Text Service will be governed and construed by and enforced in accordance with the laws of California, without regard to conflict of law rules or principals.