TERMS AND CONDITIONS
This Bad Ass Coffee Card Agreement (“Agreement”) is between you and Bad Ass Coffee (“we” or “us”) and describes the terms and conditions that apply to your Bad Ass Coffee Card. By buying, loading, or using your Bad Ass Coffee Card, you agree to these terms.
effective september 1, 2020
In a nutshell:
- The dollar value that you load onto your Bad Ass Coffee Card is a prepayment for Bad Ass Coffee, food, and other goods and is only for use at participating Bad Ass Coffee stores.
- The value you load on your Bad Ass Coffee Card will not expire.
- The dollar value on your Bad Ass Coffee Card is nonrefundable and may not be redeemed for cash.
- We do not charge any activation, service, dormancy or inactivity fees in connection with your Bad Ass Coffee Card.
- You must report all transaction errors to us within 60 days of the transaction.
Arbitration Provision, Class Action and Jury Trial Waiver
This Agreement includes an Arbitration Provision and a Class Action Waiver and Jury Waiver that govern any disputes between you and us. Unless you opt out, as described below, these provisions will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
Please click the links to these sections so you may carefully review them.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Bad Ass Coffee Card by electronic means, including posting such materials online at https://badasscoffee.com
You should treat your Bad Ass Coffee Card like cash and not disclose your Bad Ass Coffee Card information to anyone. The value on your Bad Ass Coffee Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. If your Bad Ass Coffee Card or Bad Ass Coffee Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Bad Ass Coffee Card, including unauthorized transactions.
Most Bad Ass Coffee stores in North America accept your Bad Ass Coffee Card. Certain Bad Ass Coffee-branded locations may not permit you to use the Bad Ass Coffee Card for payment. To find out if a store will accept the Bad Ass Coffee Card as a payment method, please inquire at that store or visit https://badasscoffee.com
Loading and Tracking Value on Your Card
In the United States, you can purchase a Bad Ass Coffee Card by visiting any participating store or going online to https://app.yiftee.com/gifts/egift_and_gift_cards/bad-ass-coffee
Billing Errors, Corrections
If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your Bad Ass Coffee Card, please call Customer Service at firstname.lastname@example.org or call 888.422.3277. We will correct the balance of your Bad Ass Coffee Card if we believe that a clerical, billing, or accounting error occurred. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your Bad Ass Coffee Card or Card Balance
We will not accept any Bad Ass Coffee Card, or will limit use of any Bad Ass Coffee Card or Bad Ass Coffee Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Bad Ass Coffee may not control who may sell preloaded Bad Ass Coffee Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Bad Ass Coffee has no liability to you for any third-party fraud or unlawful activity associated with any Bad Ass Coffee Card balance. If Bad Ass Coffee discovers any Bad Ass Coffee Card or Bad Ass Coffee Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted Bad Ass Coffee Cards and retain all related Bad Ass Coffee Card balances without notice to you. We may use retained Bad Ass Coffee Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Bad Ass Coffee Cards.
From time to time, we may in our sole discretion, run promotional programs associated with the Bad Ass Coffee Card program. These promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any promotion at any time, including and up to terminating the promotion.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://badasscoffee.com and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Bad Ass Coffee Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Bad Ass Coffee Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Bad Ass Coffee Cards and refund any remaining balance to you.
Cancelling This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Bad Ass Coffee Card including your failure to provide valid information. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Bad Ass Coffee Card(s), less any amounts that you may owe us.
Governing Law – Arizona
Your gift card is issued from the State of Arizona and transactions are processed within the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Bad Ass Coffee and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Bad Ass Coffee Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Bad Ass Coffee does not represent or warrant that your Bad Ass Coffee Cards will always be accessible or accepted. In the event that Bad Ass Coffee or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Bad Ass Coffee Card. Bad Ass Coffee and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Bad Ass Coffee or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Bad Ass Coffee Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our permission in writing.
Entire Agreement, Construction
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Bad Ass Coffee Card Agreement, your Bad Ass Coffee Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Bad Ass Coffee Card and your relationship with Bad Ass Coffee or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your Bad Ass Coffee Cards (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Bad Ass Coffee Card Team, Bad Ass Coffee Corporation, 7347 S. Revere Parkway, Building A, Suite A Centennial, CO 80112. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://badasscoffee.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Any statutes of limitations will be tolled during this 60 days.
Arbitration Rules and Remedies. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Bad Ass Coffee will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
For more information, or if you have questions or concerns regarding Bad Ass Coffee of Hawaii’s Loyalty Rewards Program, you may email us at email@example.com or you can send correspondence to the following address: