Description of the Service
COJ is a defined as program that lets a person, group of persons or an organization (“COJ Gifter”) purchase a 16 oz cup of coffee (hot or iced) or a 16 oz brewed tea (hot or iced) (collectively “COJ Drink”) or credit up to $2.50 (“Purchase Credit”) that may be redeemed at any Green Beans Coffee cafe (“COJ Gift”) for a person who receives a COJ Gift (“COJ Participant”).
A COJ Account Page is a webpage that a COJ Participant may access to update their information, change their password, update their Green Beans café location where they receive their COJ Gift, review messages from COJ Gifters and other information related to their participation in COJ.
When you are awarded a COJ Gift, you will need to accept it through the COJ Account Page before you can go to the café to get your COJ Drink or Purchase Credit worth up to $2.50.
During the acceptance process, you will have an opportunity to review a note drafted, if any, by the COJ Gifter. You will then have the option to write back to COJ Gifter but this is not a requirement to receive your COJ DRINK.
When you enroll in COJ, you must first designate a Green Beans café where you want to redeem your COJ DRINK or redeem your Purchase Credit. This is the only café where you can receive your COJ DRINK or redeem your Purchase Credit. Whenever you are awarded a new COJ GIFT, you will have the opportunity during the acceptance process to designate a different café to pick up your COJ Drink or use your PURCHASE Credit.
A COJ gift has no cash value and may not be redeemed or exchanged for cash, nor will change be given if used as a Purchase Credit.
Participation in COJ is limited to one (1) email account. Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
If you discontinue your participation in COJ, any unclaimed COJ Gifts in your account will be reallocated to other COJ Participants.
You may not (i) select or use as a COJ user ID of another person with the intent to impersonate that person; (ii) use as a COJ user ID subject to any rights of a person other than you without appropriate authorization; or (iii) use as a COJ user ID that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a COJ user ID at our discretion; if you select a user ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for maintaining the confidentiality of your COJ password.
You may not use the Services if you are prohibited by Law (as defined below in Section 2(d)) from receiving or using the Services. You may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with GBCC, possess legal parental or guardian consent or are an emancipated minor. You affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
GBCC may change the Terms from time to time at its sole discretion. If such changes are made, GBCC will make a new copy of the General Terms available at https://www.greenbeanscoffee.com/pages/cup-of-joe-for-a-joe-terms-conditions GBCC may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check https://www.greenbeanscoffee.com/pages/cup-of-joe-for-a-joe-terms-conditions to view the then-current General Terms.
Unless expressly agreed to by GBCC in writing elsewhere, GBCC has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services (“Your Content”). “User Content” means any Materials uploaded by you or the other users of the Services. GBCC has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services.
You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify GBCC immediately. You may not use another person’s Account Information. GBCC may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
You agree not to access or attempt to access the Services by any means other than the interface provided by GBCC or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
The Services and GBCC Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, GBCC and its suppliers do not grant any express or implied rights to use the Services and Materials.
The trademarks, logos and service marks displayed on the Services (the “Marks”) are the property of GBCC or third parties. You are not permitted to use the Marks without the prior consent of GBCC or the third party that may own the Marks. GBCC and the GBCC logo are trademarks of Green Beans Coffee Company, Inc.
You agree that you, not GBCC, are entirely responsible for all of Your Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
You agree not to use, or to encourage or permit others to use, the Services to:
Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Make offensive or politically-charged statements;
Stalk, intimidate and/or harass another;
Incite others to commit violence;
Harm minors in any way;
Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with GBCC or any Service;
Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
Use any GBCC domain name as a pseudonymous return email address;
Make Available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
Access or use the Services in any manner that could damage, disable, overburden or impair any GBCC server or the networks connected to any GBCC server;
Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services or Materials;
Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), engage in promotion or self-promotion unless specifically allowed to do so by GBCC;
Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; or
Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials.
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
GBCC, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, GBCC shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
Although GBCC does not generally monitor User activity occurring in connection with the Services or Materials, if GBCC becomes aware of any possible violations by you of any provision of the Terms, GBCC reserves the right to investigate such violations, and GBCC may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, GBCC believes that criminal activity has occurred, GBCC reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, GBCC is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in GBCC’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of GBCC, its Users or third parties, including the public at large, as GBCC in its sole discretion believes to be necessary or appropriate.
Use of Your Content
GBCC does not claim ownership of Your Content. However, you grant GBCC a worldwide, royalty-free, nonexclusive, transferable, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed.
Modifications to Services and Materials
GBCC may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that GBCC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY GBCC “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GBCC MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GBCC OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
GBCC SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS.
GBCC WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that GBCC intends to announce such Services or Materials in your country.
These Services are controlled, operated and administered by Green Beans Coffee Company, Inc. from its offices in the United States of America. GBCC makes no representation that the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Services from jurisdictions where the Services or Materials are illegal is prohibited. GBCC reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, you are responsible for compliance with all local Laws.
Limitation of Liability
IN NO EVENT SHALL GBCC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF GBCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE GBCC’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF GBCC OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
GBCC’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDERED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF GBCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Indemnity and Liability
You agree to indemnify and hold GBCC and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
Resolution of Disputes
All matters relating to your access to, or use of, the Services or Materials shall be governed by the Laws of the State of California, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against GBCC must be resolved by a court located in Marin County, California, United States of America except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in Marin County, California, United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
For any claim (excluding claims for injunctive or other equitable relief) for less than $100,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against GBCC must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, GBCC may recover attorneys’ fees and costs up to U.S. $100,000, provided that GBCC has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that GBCC shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any notice provided to GBCC pursuant to the Terms should be sent to 4304 Redwood Hwy Suite 200 San Rafael, CA 94903, Attention: General Counsel.
GBCC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
The Terms constitute the entire agreement between GBCC and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and GBCC on such subject matter.
You may not assign or otherwise transfer the Terms, or any right granted hereunder, without GBCC’s written consent. GBCC’s rights under the Terms are freely transferable by GBCC.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Any failure by GBCC to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
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