Terms of Service | Ziggi's Coffee

ZIGGI’S COFFEE ONLINE TERMS OF SERVICE

ZIGGI’S COFFEE IS HAPPY TO PROVIDE OUR WEBSITE, MOBILE APPLICATION, AND RELATED SERVICES AND FEATURES (THE “ONLINE SERVICES”) TO OUR CUSTOMERS AND USERS. THE ONLINE SERVICES ARE OWNED BY ZIGGI’S COFFEE FRANCHISE, LLC AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY “ZIGGI’S”). THESE TERMS OF SERVICE (THESE “TERMS”) APPLY TO AND GOVERN OUR ONLINE SERVICES THAT LINK TO IT, REGARDLESS OF HOW YOU ACCESS THEM. BY USING ANY OF OUR ONLINE SERVICES, YOU ARE ACCEPTING THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

THESE TERMS OF USE DESCRIBED THE LEGALLY BINDING TERMS AND CONDITIONS THAT OVERSEE YOUR USE OF THE SITE. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. INTELLECTUAL PROPERTY.

THE WEBSITE LOCATED AT WWW.ZIGGISCOFFE.COM AND THE OTHER ONLINE SERVICES ARE A COPYRIGHTED WORK BELONGING TO ZIGGI'S COFFEE. CERTAIN FEATURES OF THE SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES. ALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE INCORPORATED BY REFERENCE INTO THESE TERMS. “ZIGGI’S COFFEE” IS A TRADEMARK OF ZIGGI’S AND BELONGS SOLELY TO ZIGGI’S.

2. ACCOUNTS.

2.1 ACCOUNT RESPONSIBILITIES. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT LOGIN INFORMATION AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU APPROVE TO IMMEDIATELY NOTIFY ZIGGI’S OF ANY UNAUTHORIZED USE, OR SUSPECTED UNAUTHORIZED USE OF YOUR ACCOUNT. ZIGGI’S CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS.

3. ACCESS TO THE SITE. LICENSE. SUBJECT TO THESE TERMS, ZIGGI’S GRANTS YOU A NON-TRANSFERABLE, NON-EXCLUSIVE, REVOCABLE, LIMITED LICENSE TO ACCESS THE SITE SOLELY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE.

3.2. CERTAIN RESTRICTIONS. THE RIGHTS APPROVED TO YOU IN THESE TERMS ARE SUBJECT TO THE FOLLOWING RESTRICTIONS: (A) YOU SHALL NOT SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, HOST, OR OTHERWISE COMMERCIALLY EXPLOIT THE SITE; (B) YOU SHALL NOT CHANGE, MAKE DERIVATIVE WORKS OF, DISASSEMBLE, REVERSE COMPILE OR REVERSE ENGINEER ANY PART OF THE SITE; (C) YOU SHALL NOT ACCESS THE SITE IN ORDER TO BUILD A SIMILAR OR COMPETITIVE WEBSITE; AND (D) EXCEPT AS EXPRESSLY STATED HEREIN, NO PART OF THE SITE MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS UNLESS OTHERWISE INDICATED, ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION TO FUNCTIONALITY OF THE SITE SHALL BE SUBJECT TO THESE TERMS. ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON THE SITE MUST BE RETAINED ON ALL COPIES THEREOF.

3.3. MODIFICATIONS AND TERMINATION. ZIGGI’S RESERVES THE RIGHT TO CHANGE, SUSPEND, OR CEASE THE SITE WITH OR WITHOUT NOTICE TO YOU. YOU APPROVED THAT ZIGGI’S WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CHANGE, INTERRUPTION, OR TERMINATION OF THE SITE OR ANY PART.

3.4. NO SUPPORT OR MAINTENANCE. YOU AGREE THAT ZIGGI’S WILL HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT IN CONNECTION WITH THE SITE.

3.5. RESERVATION OF RIGHTS. EXCLUDING ANY USER CONTENT THAT YOU MAY PROVIDE, YOU ARE AWARE THAT ALL THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, PATENTS, TRADEMARKS, AND TRADE SECRETS, IN THE SITE AND ITS CONTENT ARE OWNED BY ZIGGI’S OR ZIGGI’S SUPPLIERS. NOTE THAT THESE TERMS AND ACCESS TO THE SITE DO NOT GIVE YOU ANY RIGHTS, TITLE OR INTEREST IN OR TO ANY INTELLECTUAL PROPERTY RIGHTS, EXCEPT FOR THE LIMITED ACCESS RIGHTS EXPRESSED ABOVE. ZIGGI’S AND ITS SUPPLIERS RESERVE ALL RIGHTS NOT GRANTED IN THESE TERMS.

4. USER CONTENT

4.1. USER CONTENT. “USER CONTENT” MEANS ANY AND ALL INFORMATION AND CONTENT THAT A USER SUBMITS TO THE SITE. YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USER CONTENT. YOU BEAR ALL RISKS ASSOCIATED WITH USE OF YOUR USER CONTENT. YOU HEREBY CERTIFY THAT YOUR USER CONTENT DOES NOT VIOLATE OUR ACCEPTABLE USE POLICY. YOU MAY NOT REPRESENT OR IMPLY TO OTHERS THAT YOUR USER CONTENT IS IN ANY WAY PROVIDED, SPONSORED OR ENDORSED BY ZIGGI’S. BECAUSE YOU ALONE ARE RESPONSIBLE FOR YOUR USER CONTENT, YOU MAY EXPOSE YOURSELF TO LIABILITY. ZIGGI’S IS NOT OBLIGED TO BACKUP ANY USER CONTENT THAT YOU POST; ALSO, YOUR USER CONTENT MAY BE DELETED AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN BACKUP COPIES OF YOUR USER CONTENT IF YOU DESIRE.

4.2. LICENSE. YOU HEREBY GRANT TO ZIGGI’S AN IRREVERSIBLE, NONEXCLUSIVE, ROYALTY-FREE AND FULLY PAID, WORLDWIDE LICENSE TO REPRODUCE, DISTRIBUTE, PUBLICLY DISPLAY AND PERFORM, PREPARE DERIVATIVE WORKS OF, INCORPORATE INTO OTHER WORKS, AND OTHERWISE USE AND EXPLOIT YOUR USER CONTENT, AND TO GRANT SUBLICENSES OF THE FOREGOING RIGHTS, SOLELY FOR THE PURPOSES OF INCLUDING YOUR USER CONTENT IN THE SITE. YOU HEREBY IRREVERSIBLY WAIVE ANY CLAIMS AND ASSERTIONS OF MORAL RIGHTS OR ATTRIBUTION WITH RESPECT TO YOUR USER CONTENT.

4.3. ACCEPTABLE USE POLICY. THE FOLLOWING TERMS CONSTITUTE OUR “ACCEPTABLE USE POLICY”:

4.3.1. YOU AGREE NOT TO USE THE SITE TO COLLECT, UPLOAD, TRANSMIT, DISPLAY, OR DISTRIBUTE ANY USER CONTENT (I) THAT VIOLATES ANY THIRD-PARTY RIGHT OR ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (II) THAT IS UNLAWFUL, HARASSING, ABUSIVE, TORTIOUS, THREATENING, HARMFUL, INVASIVE OF ANOTHER’S PRIVACY, VULGAR, DEFAMATORY, FALSE, INTENTIONALLY MISLEADING, TRADE LIBELOUS, PORNOGRAPHIC, OBSCENE, PATENTLY OFFENSIVE, PROMOTES RACISM, BIGOTRY, HATRED, OR PHYSICAL HARM OF ANY KIND AGAINST ANY GROUP OR INDIVIDUAL; (III) THAT IS HARMFUL TO MINORS IN ANY WAY; OR (IV) THAT IS IN VIOLATION OF ANY LAW, REGULATION, OR OBLIGATIONS OR RESTRICTIONS IMPOSED BY ANY THIRD PARTY.

4.3.2. IN ADDITION, YOU AGREE NOT TO: (I) UPLOAD, TRANSMIT, OR DISTRIBUTE TO OR THROUGH THE SITE ANY SOFTWARE INTENDED TO DAMAGE OR ALTER A COMPUTER SYSTEM OR DATA; (II) SEND THROUGH THE SITE UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, JUNK MAIL, SPAM, CHAIN LETTERS, PYRAMID SCHEMES, OR ANY OTHER FORM OF DUPLICATIVE OR UNSOLICITED MESSAGES; (III) USE THE SITE TO HARVEST, COLLECT, GATHER OR ASSEMBLE INFORMATION OR DATA REGARDING OTHER USERS WITHOUT THEIR CONSENT; (IV) INTERFERE WITH, DISRUPT, OR CREATE AN UNDUE BURDEN ON SERVERS OR NETWORKS CONNECTED TO THE SITE, OR VIOLATE THE REGULATIONS, POLICIES OR PROCEDURES OF SUCH NETWORKS; (V) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SITE, WHETHER THROUGH PASSWORD MINING OR ANY OTHER MEANS; (VI) HARASS OR INTERFERE WITH ANY OTHER USER’S USE AND ENJOYMENT OF THE SITE; OR (VI) USE SOFTWARE OR AUTOMATED AGENTS OR SCRIPTS TO PRODUCE MULTIPLE ACCOUNTS ON THE SITE, OR TO GENERATE AUTOMATED SEARCHES, REQUESTS, OR QUERIES TO THE SITE.

4.3.3. WE RESERVE THE RIGHT TO REVIEW ANY USER CONTENT, AND TO INVESTIGATE AND/OR TAKE APPROPRIATE ACTION AGAINST YOU IN OUR SOLE DISCRETION IF YOU VIOLATE THE ACCEPTABLE USE POLICY OR ANY OTHER PROVISION OF THESE TERMS OR OTHERWISE CREATE LIABILITY FOR US OR ANY OTHER PERSON. SUCH ACTION MAY INCLUDE REMOVING OR MODIFYING YOUR USER CONTENT, TERMINATING YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS, AND/OR REPORTING YOU TO LAW ENFORCEMENT AUTHORITIES.

4.3.4. IF YOU PROVIDE ZIGGI’S WITH ANY FEEDBACK OR SUGGESTIONS REGARDING THE SITE, YOU HEREBY ASSIGN TO ZIGGI’S ALL RIGHTS IN SUCH FEEDBACK AND AGREE THAT ZIGGI’S SHALL HAVE THE RIGHT TO USE AND FULLY EXPLOIT SUCH FEEDBACK AND RELATED INFORMATION IN ANY MANNER IT BELIEVES APPROPRIATE. ZIGGI’S WILL TREAT ANY FEEDBACK YOU PROVIDE TO ZIGGI’S AS NON-CONFIDENTIAL AND NON-PROPRIETARY.

4.3.5. YOU AGREE TO INDEMNIFY AND HOLD ZIGGI’S AND ITS OFFICERS, EMPLOYEES, AND AGENTS HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE SITE, (B) YOUR VIOLATION OF THESE TERMS, (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS OR (D) YOUR USER CONTENT. ZIGGI’S RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ZIGGI’S. ZIGGI’S WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

4.4 THIRD-PARTY LINKS & ADS; OTHER USERS

4.4.1. THIRD-PARTY LINKS & ADS. THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES AND SERVICES, AND/OR DISPLAY ADVERTISEMENTS FOR THIRD-PARTIES. SUCH THIRD-PARTY LINKS & ADS ARE NOT UNDER THE CONTROL OF ZIGGI’S, AND ZIGGI’S IS NOT RESPONSIBLE FOR ANY THIRD-PARTY LINKS & ADS. ZIGGI’S PROVIDES ACCESS TO THESE THIRD-PARTY LINKS & ADS ONLY AS A CONVENIENCE TO YOU, AND DOES NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THIRD-PARTY LINKS & ADS. YOU USE ALL THIRD-PARTY LINKS & ADS AT YOUR OWN RISK, AND SHOULD APPLY A SUITABLE LEVEL OF CAUTION AND DISCRETION IN DOING SO. WHEN YOU CLICK ON ANY OF THE THIRD-PARTY LINKS & ADS, THE APPLICABLE THIRD PARTY’S TERMS AND POLICIES APPLY, INCLUDING THE THIRD PARTY’S PRIVACY AND DATA GATHERING PRACTICES.

4.4.2. OTHER USERS. EACH SITE USER IS SOLELY RESPONSIBLE FOR ANY AND ALL OF ITS OWN USER CONTENT. BECAUSE WE DO NOT CONTROL USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT, WHETHER PROVIDED BY YOU OR BY OTHERS. YOU AGREE THAT ZIGGI’S WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY SITE USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.

4.4.3. RELEASE. YOU HEREBY RELEASE AND FOREVER DISCHARGE ZIGGI’S AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

4.5 DISCLAIMERS

4.5.1. WARRANTIES. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ZIGGI’S AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4.5.2. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZIGGI’S OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INCAPABILITY TO USE THE SITE EVEN IF ZIGGI’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

4.6 TERM AND TERMINATION. SUBJECT TO THIS SECTION, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE. WE MAY SUSPEND OR TERMINATE YOUR RIGHTS TO USE THE SITE AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITE IN VIOLATION OF THESE TERMS. UPON TERMINATION OF YOUR RIGHTS UNDER THESE TERMS, YOUR ACCOUNT AND RIGHT TO ACCESS AND USE THE SITE WILL TERMINATE IMMEDIATELY. YOU UNDERSTAND THAT ANY TERMINATION OF YOUR ACCOUNT MAY INVOLVE DELETION OF YOUR USER CONTENT ASSOCIATED WITH YOUR ACCOUNT FROM OUR LIVE DATABASES. ZIGGI’S WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF YOUR RIGHTS UNDER THESE TERMS. EVEN AFTER YOUR RIGHTS UNDER THESE TERMS ARE TERMINATED, THE FOLLOWING PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT: SECTIONS 2 THROUGH 10.

4.7 COPYRIGHT POLICY. ZIGGI’S RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS AND ASKS THAT USERS OF OUR SITE DO THE SAME. IN CONNECTION WITH OUR SITE, WE HAVE ADOPTED AND IMPLEMENTED A POLICY RESPECTING COPYRIGHT LAW THAT PROVIDES FOR THE REMOVAL OF ANY INFRINGING MATERIALS AND FOR THE TERMINATION OF USERS OF OUR ONLINE SITE WHO ARE REPEATED INFRINGERS OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS. IF YOU BELIEVE THAT ONE OF OUR USERS IS, THROUGH THE USE OF OUR SITE, UNLAWFULLY INFRINGING THE COPYRIGHT(S) IN A WORK, AND WISH TO HAVE THE ALLEGEDLY INFRINGING MATERIAL REMOVED, THE FOLLOWING INFORMATION IN THE FORM OF A WRITTEN NOTIFICATION (PURSUANT TO 17 U.S.C. § 512(C)) MUST BE PROVIDED TO OUR DESIGNATED COPYRIGHT AGENT:

(a) YOUR PHYSICAL OR ELECTRONIC SIGNATURE;

(b) IDENTIFICATION OF THE COPYRIGHTED WORK(S) THAT YOU CLAIM TO HAVE BEEN INFRINGED;

(d) SUFFICIENT INFORMATION TO PERMIT US TO LOCATE SUCH MATERIAL;

(e) YOUR ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS;

(f) A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE OBJECTIONABLE MATERIAL IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR UNDER THE LAW; AND

(g) A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT YOU ARE EITHER THE OWNER OF THE COPYRIGHT THAT HAS ALLEGEDLY BEEN INFRINGED OR THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.

PLEASE NOTE THAT, PURSUANT TO 17 U.S.C. § 512(F), ANY MISREPRESENTATION OF MATERIAL FACT IN A WRITTEN NOTIFICATION AUTOMATICALLY SUBJECTS THE COMPLAINING PARTY TO LIABILITY FOR ANY DAMAGES, COSTS AND ATTORNEY’S FEES INCURRED BY US IN CONNECTION WITH THE WRITTEN NOTIFICATION AND ALLEGATION OF COPYRIGHT INFRINGEMENT.

5. GENERAL

5.1. REVISION. THESE TERMS ARE SUBJECT TO OCCASIONAL REVISION, AND IF WE MAKE ANY SUBSTANTIAL CHANGES, WE MAY NOTIFY YOU BY SENDING YOU AN E-MAIL TO THE LAST E-MAIL ADDRESS YOU PROVIDED TO US AND/OR BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON OUR SITE. YOU ARE RESPONSIBLE FOR PROVIDING US WITH YOUR MOST CURRENT E-MAIL ADDRESS. IN THE EVENT THAT THE LAST E-MAIL ADDRESS THAT YOU HAVE PROVIDED US IS NOT VALID OUR DISPATCH OF THE E-MAIL CONTAINING SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE OF THE CHANGES DESCRIBED IN THE NOTICE. ANY CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON THE EARLIEST OF THIRTY (30) CALENDAR DAYS FOLLOWING OUR DISPATCH OF AN E-MAIL NOTICE TO YOU OR THIRTY (30) CALENDAR DAYS FOLLOWING OUR POSTING OF NOTICE OF THE CHANGES ON OUR SITE. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF OUR SITE. CONTINUED USE OF OUR SITE FOLLOWING NOTICE OF SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES.

5.2. DISPUTE RESOLUTION. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH ZIGGI’S AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

5.2.1. APPLICABILITY OF ARBITRATION AGREEMENT. ALL CLAIMS AND DISPUTES IN CONNECTION WITH THE TERMS OR THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY ZIGGI’S THAT CANNOT BE RESOLVED INFORMALLY OR IN SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE TERMS OF THIS ARBITRATION AGREEMENT. UNLESS OTHERWISE AGREED TO, ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH. THIS ARBITRATION AGREEMENT APPLIES TO YOU AND ZIGGI’S, AND TO ANY SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES OR GOODS PROVIDED UNDER THE TERMS.

5.2.2. NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION. BEFORE EITHER PARTY MAY SEEK ARBITRATION, THE PARTY MUST FIRST SEND TO THE OTHER PARTY A WRITTEN NOTICE OF DISPUTE DESCRIBING THE NATURE AND BASIS OF THE CLAIM OR DISPUTE, AND THE REQUESTED RELIEF. A NOTICE TO ZIGGI’S SHOULD BE SENT TO: 400 MAIN STREET, 80501, LONGMONT, CO. AFTER THE NOTICE IS RECEIVED, YOU AND ZIGGI’S MAY ATTEMPT TO RESOLVE THE CLAIM OR DISPUTE INFORMALLY. IF YOU AND ZIGGI’S DO NOT RESOLVE THE CLAIM OR DISPUTE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY BEGIN AN ARBITRATION PROCEEDING. THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY ANY PARTY MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR HAS DETERMINED THE AMOUNT OF THE AWARD TO WHICH EITHER PARTY IS ENTITLED.

5.2.3. ARBITRATION RULES. ARBITRATION SHALL BE INITIATED THROUGH THE AMERICAN ARBITRATION ASSOCIATION, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER THAT OFFERS ARBITRATION AS SET FORTH IN THIS SECTION. IF AAA IS NOT AVAILABLE TO ARBITRATE, THE PARTIES SHALL AGREE TO SELECT AN ALTERNATIVE ADR PROVIDER. THE RULES OF THE ADR PROVIDER SHALL GOVERN ALL ASPECTS OF THE ARBITRATION EXCEPT TO THE EXTENT SUCH RULES ARE IN CONFLICT WITH THE TERMS. THE AAA CONSUMER ARBITRATION RULES GOVERNING THE ARBITRATION ARE AVAILABLE ONLINE AT ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR. ANY CLAIMS OR DISPUTES WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN TEN THOUSAND U.S. DOLLARS (US $10,000.00) MAY BE RESOLVED THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, AT THE OPTION OF THE PARTY SEEKING RELIEF. FOR CLAIMS OR DISPUTES WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS TEN THOUSAND U.S. DOLLARS (US $10,000.00) OR MORE, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE ARBITRATION RULES. ANY HEARING WILL BE HELD IN A LOCATION WITHIN 100 MILES OF YOUR RESIDENCE, UNLESS YOU RESIDE OUTSIDE OF THE UNITED STATES, AND UNLESS THE PARTIES AGREE OTHERWISE. IF YOU RESIDE OUTSIDE OF THE U.S., THE ARBITRATOR SHALL GIVE THE PARTIES REASONABLE NOTICE OF THE DATE, TIME AND PLACE OF ANY ORAL HEARINGS. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IF THE ARBITRATOR GRANTS YOU AN AWARD THAT IS GREATER THAN THE LAST SETTLEMENT OFFER THAT ZIGGI’S MADE TO YOU PRIOR TO THE INITIATION OF ARBITRATION, ZIGGI’S WILL PAY YOU THE GREATER OF THE AWARD OR $2,500.00. EACH PARTY SHALL BEAR ITS OWN COSTS AND DISBURSEMENTS ARISING OUT OF THE ARBITRATION AND SHALL PAY AN EQUAL SHARE OF THE FEES AND COSTS OF THE ADR PROVIDER.

5.2.4. ADDITIONAL RULES FOR NON-APPEARANCE BASED ARBITRATION. IF NON-APPEARANCE BASED ARBITRATION IS ELECTED, THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BASED SOLELY ON WRITTEN SUBMISSIONS; THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION. THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES.

5.2.5. TIME LIMITS. IF YOU OR ZIGGI’S PURSUES ARBITRATION, THE ARBITRATION ACTION MUST BE INITIATED AND/OR DEMANDED WITHIN THE STATUTE OF LIMITATIONS AND WITHIN ANY DEADLINE IMPOSED UNDER THE AAA RULES FOR THE PERTINENT CLAIM.

5.2.6. AUTHORITY OF ARBITRATOR. IF ARBITRATION IS INITIATED, THE ARBITRATOR WILL DECIDE THE RIGHTS AND LIABILITIES OF YOU AND ZIGGI’S, AND THE DISPUTE WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES, AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE AAA RULES, AND THE TERMS. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND ZIGGI’S.

5.2.7. WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS EXPENSIVE THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ZIGGI’S IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND ZIGGI’S WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

5.2.8. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

5.2.9. CONFIDENTIALITY. ALL ASPECTS OF THE ARBITRATION PROCEEDING SHALL BE STRICTLY CONFIDENTIAL. THE PARTIES AGREE TO MAINTAIN CONFIDENTIALITY UNLESS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT PREVENT A PARTY FROM SUBMITTING TO A COURT OF LAW ANY INFORMATION NECESSARY TO ENFORCE THIS AGREEMENT, TO ENFORCE AN ARBITRATION AWARD, OR TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

5.2.10. SEVERABILITY. IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

5.2.11. RIGHT TO WAIVE. ANY OR ALL OF THE RIGHTS AND LIMITATIONS SET FORTH IN THIS ARBITRATION AGREEMENT MAY BE WAIVED BY THE PARTY AGAINST WHOM THE CLAIM IS ASSERTED. SUCH WAIVER SHALL NOT WAIVE OR AFFECT ANY OTHER PORTION OF THIS ARBITRATION AGREEMENT.

5.2.12. SURVIVAL OF AGREEMENT. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH ZIGGI’S.

5.2.13. SMALL CLAIMS COURT. NONETHELESS THE FOREGOING, EITHER YOU OR ZIGGI’S MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.

5.2.14. EMERGENCY EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK EMERGENCY EQUITABLE RELIEF BEFORE A STATE OR FEDERAL COURT IN ORDER TO MAINTAIN THE STATUS QUO PENDING ARBITRATION. A REQUEST FOR INTERIM MEASURES SHALL NOT BE DEEMED A WAIVER OF ANY OTHER RIGHTS OR OBLIGATIONS UNDER THIS ARBITRATION AGREEMENT.

5.2.15. CLAIMS NOT SUBJECT TO ARBITRATION. NOTWITHSTANDING THE FOREGOING, CLAIMS OF DEFAMATION, VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT, AND INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRETS SHALL NOT BE SUBJECT TO THIS ARBITRATION AGREEMENT. IN ANY CIRCUMSTANCES WHERE

5.2.16. THE FOREGOING ARBITRATION AGREEMENT PERMITS THE PARTIES TO LITIGATE IN COURT, THE PARTIES HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN NETHERLANDS COUNTY, CALIFORNIA, FOR SUCH PURPOSES.

5.3 THE SITE MAY BE SUBJECT TO U.S. EXPORT CONTROL LAWS AND MAY BE SUBJECT TO EXPORT OR IMPORT REGULATIONS IN OTHER COUNTRIES. YOU AGREE NOT TO EXPORT, RE-EXPORT, OR TRANSFER, DIRECTLY OR INDIRECTLY, ANY U.S. TECHNICAL DATA ACQUIRED FROM ZIGGI’S, OR ANY PRODUCTS UTILIZING SUCH DATA, IN VIOLATION OF THE UNITED STATES EXPORT LAWS OR REGULATIONS.

5.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU MAY REPORT COMPLAINTS TO THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER PRODUCT OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY CONTACTING THEM IN WRITING AT 400 R STREET, SACRAMENTO, CA 95814, OR BY TELEPHONE AT (800) 952-5210.

5.5 ELECTRONIC COMMUNICATIONS. THE COMMUNICATIONS BETWEEN YOU AND ZIGGI’S USE ELECTRONIC MEANS, WHETHER YOU USE THE SITE OR SEND US EMAILS, OR WHETHER ZIGGI’S POSTS NOTICES ON THE SITE OR COMMUNICATES WITH YOU VIA EMAIL. FOR CONTRACTUAL PURPOSES, YOU (A) CONSENT TO RECEIVE COMMUNICATIONS FROM ZIGGI’S IN AN ELECTRONIC FORM; AND (B) AGREE THAT ALL TERMS AND CONDITIONS, AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT ZIGGI’S PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL OBLIGATION THAT SUCH COMMUNICATIONS WOULD SATISFY IF IT WERE BE IN A HARD COPY WRITING.

5.6 ENTIRE TERMS. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE USE OF THE SITE. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT. THE WORD “INCLUDING” MEANS “INCLUDING WITHOUT LIMITATION”. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE OTHER PROVISIONS OF THESE TERMS WILL BE UNIMPAIRED AND THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED MODIFIED SO THAT IT IS VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR RELATIONSHIP TO ZIGGI’S IS THAT OF AN INDEPENDENT CONTRACTOR, AND NEITHER PARTY IS AN AGENT OR PARTNER OF THE OTHER. THESE TERMS, AND YOUR RIGHTS AND OBLIGATIONS HEREIN, MAY NOT BE ASSIGNED, SUBCONTRACTED, DELEGATED, OR OTHERWISE TRANSFERRED BY YOU WITHOUT ZIGGI’S PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT, SUBCONTRACT, DELEGATION, OR TRANSFER IN VIOLATION OF THE FOREGOING WILL BE NULL AND VOID. ZIGGI’S MAY FREELY ASSIGN THESE TERMS. THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS SHALL BE BINDING UPON ASSIGNEES.

5.7 COPYRIGHT/TRADEMARK INFORMATION. COPYRIGHT © 2021. ALL RIGHTS RESERVED. ALL TRADEMARKS, LOGOS AND SERVICE MARKS DISPLAYED ON THE SITE ARE OUR PROPERTY OR THE PROPERTY OF OTHER THIRD-PARTIES. YOU ARE NOT PERMITTED TO USE THESE MARKS WITHOUT OUR PRIOR WRITTEN CONSENT OR THE CONSENT OF SUCH THIRD PARTY WHICH MAY OWN THE MARKS.

CONTACT INFORMATION:
ADDRESS: LONGMONT, CO
TELEPHONE: (303) 682-5120
EMAIL: SUPPORT@ZIGGISCOFFEE.COM

ZIGGI’S COFFEE REWARDS PROGRAM TERMS OF USE

THESE TERMS OF USE (THESE “TERMS”) DESCRIBED THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN THE REWARDS PROGRAM OF ZIGGI’S COFFEE FRANCHISE, LLC, AND ITS SUBSIDIARIES AND AFFILIATES (“ZIGGI’S”). BY PARTICIPATING IN ZIGGI’S REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED IN THESE TERMS BY REFERENCE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE ZIGGI’S REWARDS PROGRAM. BY AGREEING TO THESE TERMS, YOU AGREE THAT ZIGGI’S MAY PROVIDE UPDATES, NOTICES, DISCLOSURES AND AMENDMENTS TO THESE TERMS BY POSTING UPDATED TERMS ELECTRONICALLY ON THE ZIGGI’S WEBSITE. THESE TERMS DO NOT ALTER, MODIFY, OR IN ANY WAY CHANGE THE TERMS OR CONDITIONS OF ANY OTHER TERMS OF SERVICE, PRIVACY POLICY, OR OTHER AGREEMENT YOU HAVE WITH ZIGGI’S. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO USE ZIGGI’S REWARDS. ANYONE UNDER THE AGE OF 18 SHOULD ONLY USE ZIGGI’S REWARDS UNDER THE SUPERVISION OF AN ADULT.

ZIGGI’S REWARDS PROGRAM CAN ONLY BE ACCESSED BY CUSTOMERS UTILITZING THE ZIGGI’S MOBILE APP, AVAILABLE FOR DOWNLOAD THROUGH THE GOOGLE PLAY STORE FOR ANDROID DEVICES AND THE APP STORE FOR IOS DEVICES. ZIGGI’S REWARDS DOES NOT APPLY TO ANY OTHER PURCHASES OR TRANSACTIONS FOR ZIGGI’S GOODS AND SERVICES EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.

THESE TERMS INCLUDE AN ARBITRATION PROVISION WHICH WILL ELIMINATE YOUR RIGHT TO TRIAL BY JURY AND SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT OR OTHER CONSOLIDATED PROCEEDINGS.

1. ZIGGI’S REWARDS PROGRAM. Ziggi’s Rewards Program rewards Ziggi’s customers for continuing to purchase Ziggi’s products and patronize its stores. Ziggi’s Rewards program works by allowing Ziggi’s customers to earn Rewards, which can then be redeemed for various benefits as set forth in these Terms.

2. MODIFICATIONS OF TERMS. Ziggi’s reserves the right to change or modify these Terms or any policy, FAQ, or guideline related thereto, in whole or in part, at any time and in its sole and absolute discretion. Any changes or modifications will be effective immediately and may be posted to the Ziggi’s website. By using the Ziggi’s Rewards program, you waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Ziggi’s Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms, you must stop accessing and participating in Ziggi’s Rewards.

3. TERMS OF SERVICE AND PRIVACY POLICY. Ziggi’s Terms of Service for using the Ziggi’s Website and Ziggi’s Privacy Policy related to the use of customer information governs your participation in Ziggi’s Rewards program. Please review both documents carefully.

4. ZIGGI’S MOBILE APP. Ziggi’s Rewards Program is only available via the Ziggi’s mobile app, available on Android and iOS devices. To join Ziggi’s Rewards program, please go to the Google Play store for Android devices or the App Store for iOS devices.

5. EARNING ZIGGI’S REWARDS. Users of the Ziggi’s mobile app during “Purchases” which shall be defined for the purposes of these Terms as any purchase at a Ziggi’s location participating in the Ziggi’s Rewards program, will earn two (2) Ziggi’s points for every one and 00/100 United States Dollars ($1.00) spent on Purchases of “Menu Items,” defined as food or drink items, subject to the following terms and provisions:

a. CUSTOMERS WILL NOT EARN ANY POINTS ON AMOUNTS SPENT ON TIPS, TAX, AND MERCHANISE OR ANY NON-MENU ITEMS.

b. ON TUESDAYS ONLY, customers can earn four (4) Ziggi’s points for every one and 00/100 United States Dollars ($1.00) spent on Purchases of Menu Items.

c. Earned rewards will automatically be applied to future orders unless a customer terms this feature “off” to save for later or if such points expire, as set forth below.

6. REDEMPTION. Points within the Ziggi’s reward system shall be earned according to a customer’s status level, which are defined as follows:

a. “FAMILY.” This is the base level for any Ziggi’s customer, and shall be attained upon download and use of the Ziggi’s mobile app subject to these Terms. A customer in the “Family” status level shall receive four and 00/100 United States Dollars ($4.00) off such customer’s purchase for every one hundred and fifty (150) points earned by such customer.

b. “INSIDER.” The “Insider” status level shall be achieved by any customer that spends six hundred and twenty-five and 00/100 United States Dollars ($625) spent in the prior 365 days on Menu Items through the Ziggi’s Reward program subject to these Terms. A customer in the “Insider” status level shall receive five and 00/100 United States Dollars ($5.00) off such customer’s purchase for every one hundred and fifty (150) points earned by such customer.

c. “VIP.” The “VIP” status level shall be achieved by any customer that spends one thousand and 00/100 United States Dollars ($1000.00) spent in the prior 365 days on Menu Items through the Ziggi’s Reward program subject to these Terms. A customer in the “VIP” status level shall receive six and 00/100 United States Dollars ($6.00) off such customer’s purchase for every one hundred and fifty (150) points earned by such customer. Upon reaching VIP status level, a customer shall be eligible to receive a one-time free cake pop or cookie (subject to availability).

7. EXPIRATION OF POINTS AND STATUS LEVEL. Any points accrued by any customer shall expire if a customer fails to make any Purchases on Menu Items for a period of one (1) year. Any customer’s status level shall expire upon such customer failing to meet the aforementioned criteria for such status level during the preceding 365 day period. Ziggi’s shall not, and shall not be required to, provide any notice of the cancellation or expiration of any customer points or status level.

8. ADDITIONAL REWARDS. Ziggi’s reserves the right to make additional offers and/or execute additional rewards within the Ziggi’s Rewards program at any time. Such offers shall become available, at the sole option of Ziggi’s, under the “Rewards” section of the Ziggi’s mobile app, and Ziggi’s may, but shall not be required to, send communications and/or push notifications to customers of such additional offers. In addition, customers engaging in Ziggi’s Rewards program shall be entitled to the following additional features:

a. REFER A FRIEND. A customer who refers any other customer to Ziggi’s Rewards using the specific refer-a-friend option on the Ziggi’s mobile app shall receive one USD ($1.00) if such referred customer downloads and makes a Purchase through the Ziggi’s mobile app. The referred customer shall also receive a one USD ($1.00) reward at such time.

b. BIRTHDAY REWARD. A customer participating in the Ziggi’s Rewards program shall receive one free sixteen ounce (16oz) signature drink up to a maximum of $5.40 in value on their birthday. To qualify for such offer, such customer must provide their birthday, when prompted, on the Ziggi’s mobile app, and must make a Purchase using the mobile app prior to receiving the offer. For any questions regarding Ziggi’s use of customer data, please see the Ziggi’s Privacy Policy. The cost of any modifiers or additional ingredients added to the cost of the drink shall be the responsibility of the customer, and Ziggi’s shall not be responsible for same.

c. FIRST PURCHASE. Customers participating in the Ziggi’s Reward program shall receive twenty-five (25) bonus points upon: (i) signing up for the Ziggi’s mobile app and Rewards program, and (ii) making a Purchase through the Ziggi’s mobile app for the first time.

9. ADDED FUNDS. Funds added to your loyalty account represent monetary value that can be used exclusively for the purchase of goods, with the exception of the purchase of other gift cards. These added funds may not be redeemed for cash under any circumstances. All balances, including those remaining after a purchase, will be associated with the loyalty account to which the funds were originally loaded. These funds are non-transferrable and non-refundable. Ziggi’s Coffee holds no liability for the loss, theft, unauthorized use, or non-utilization of the added funds. It is the responsibility of the customer to safeguard their loyalty account information and monitor its usage.

10. EXCLUSIONS. Points may only be earned through the Ziggi’s Rewards program as accessed via the Ziggi’s mobile app. Points may be earned at participating Ziggi’s stores only, and shall not be earned for any Purchases other than Purchases for Menu Items at participating stores. Not all Ziggi’s stores have the ability to honor Ziggi’s points earned through the Ziggi’s Rewards program.

11. NO CASH VALUE. Points accrued in connection with Ziggi’s Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of points accrued in connection with Ziggi’s Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Ziggi’s. Your points are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Ziggi’s Rewards account, and Ziggi’s may refuse to honor any points accrued on second or alternate accounts.

12. SUSPENSION OF ACCOUNT. Without notice to you, Ziggi’s reserves the right to suspend any account and/or terminate your account and/or your participation in Ziggi’s Rewards if Ziggi’s determines, in its sole and absolute discretion, that you have violated these Terms or that the use of your Ziggi’s Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Ziggi’s may, in its sole discretion, suspend, cancel or combine Ziggi’s Rewards accounts that appear to be duplicative. In the event that your participation in Ziggi’s Rewards is terminated, all accrued points in your account are void.

13. GENERAL.

a. DISPUTE RESOLUTION. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH ZIGGI’S AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

i. APPLICABILITY OF ARBITRATION AGREEMENT. ALL CLAIMS AND DISPUTES IN CONNECTION WITH THESE TERMS OR THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY ZIGGI’S THAT CANNOT BE RESOLVED INFORMALLY OR IN SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE TERMS OF THIS ARBITRATION AGREEMENT. UNLESS OTHERWISE AGREED TO, ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH. THIS ARBITRATION AGREEMENT APPLIES TO YOU AND ZIGGI’S, AND TO ANY SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES OR GOODS PROVIDED UNDER THE TERMS.

ii. NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION. BEFORE EITHER PARTY MAY SEEK ARBITRATION, THE PARTY MUST FIRST SEND TO THE OTHER PARTY A WRITTEN NOTICE OF DISPUTE DESCRIBING THE NATURE AND BASIS OF THE CLAIM OR DISPUTE, AND THE REQUESTED RELIEF. A NOTICE TO ZIGGI’S SHOULD BE SENT TO: 400 MAIN STREET, 80501, LONGMONT, CO. AFTER THE NOTICE IS RECEIVED, YOU AND ZIGGI’S MAY ATTEMPT TO RESOLVE THE CLAIM OR DISPUTE INFORMALLY. IF YOU AND ZIGGI’S DO NOT RESOLVE THE CLAIM OR DISPUTE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY BEGIN AN ARBITRATION PROCEEDING. THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY ANY PARTY MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR HAS DETERMINED THE AMOUNT OF THE AWARD TO WHICH EITHER PARTY IS ENTITLED.

iii. ARBITRATION RULES. ARBITRATION SHALL BE INITIATED THROUGH THE AMERICAN ARBITRATION ASSOCIATION, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER THAT OFFERS ARBITRATION AS SET FORTH IN THIS SECTION. IF AAA IS NOT AVAILABLE TO ARBITRATE, THE PARTIES SHALL AGREE TO SELECT AN ALTERNATIVE ADR PROVIDER. THE RULES OF THE ADR PROVIDER SHALL GOVERN ALL ASPECTS OF THE ARBITRATION EXCEPT TO THE EXTENT SUCH RULES ARE IN CONFLICT WITH THE TERMS. THE AAA CONSUMER ARBITRATION RULES GOVERNING THE ARBITRATION ARE AVAILABLE ONLINE AT ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR. ANY CLAIMS OR DISPUTES WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN TEN THOUSAND U.S. DOLLARS (US $10,000.00) MAY BE RESOLVED THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, AT THE OPTION OF THE PARTY SEEKING RELIEF. FOR CLAIMS OR DISPUTES WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS TEN THOUSAND U.S. DOLLARS (US $10,000.00) OR MORE, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE ARBITRATION RULES. ANY HEARING WILL BE HELD IN A LOCATION WITHIN 100 MILES OF YOUR RESIDENCE, UNLESS YOU RESIDE OUTSIDE OF THE UNITED STATES, AND UNLESS THE PARTIES AGREE OTHERWISE. IF YOU RESIDE OUTSIDE OF THE U.S., THE ARBITRATOR SHALL GIVE THE PARTIES REASONABLE NOTICE OF THE DATE, TIME AND PLACE OF ANY ORAL HEARINGS. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IF THE ARBITRATOR GRANTS YOU AN AWARD THAT IS GREATER THAN THE LAST SETTLEMENT OFFER THAT ZIGGI’S MADE TO YOU PRIOR TO THE INITIATION OF ARBITRATION, ZIGGI’S WILL PAY YOU THE GREATER OF THE AWARD OR $2,500.00. EACH PARTY SHALL BEAR ITS OWN COSTS AND DISBURSEMENTS ARISING OUT OF THE ARBITRATION AND SHALL PAY AN EQUAL SHARE OF THE FEES AND COSTS OF THE ADR PROVIDER.

iv. ADDITIONAL RULES FOR NON-APPEARANCE BASED ARBITRATION. IF NON-APPEARANCE BASED ARBITRATION IS ELECTED, THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BASED SOLELY ON WRITTEN SUBMISSIONS; THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION. THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES.

v. TIME LIMITS. IF YOU OR ZIGGI’S PURSUES ARBITRATION, THE ARBITRATION ACTION MUST BE INITIATED AND/OR DEMANDED WITHIN THE STATUTE OF LIMITATIONS AND WITHIN ANY DEADLINE IMPOSED UNDER THE AAA RULES FOR THE PERTINENT CLAIM.

vi. AUTHORITY OF ARBITRATOR. IF ARBITRATION IS INITIATED, THE ARBITRATOR WILL DECIDE THE RIGHTS AND LIABILITIES OF YOU AND ZIGGI’S, AND THE DISPUTE WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES, AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE AAA RULES, AND THE TERMS. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND ZIGGI’S.

vii. WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS EXPENSIVE THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ZIGGI’S IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND ZIGGI’S WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

viii. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

ix. CONFIDENTIALITY. ALL ASPECTS OF THE ARBITRATION PROCEEDING SHALL BE STRICTLY CONFIDENTIAL. THE PARTIES AGREE TO MAINTAIN CONFIDENTIALITY UNLESS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT PREVENT A PARTY FROM SUBMITTING TO A COURT OF LAW ANY INFORMATION NECESSARY TO ENFORCE THIS AGREEMENT, TO ENFORCE AN ARBITRATION AWARD, OR TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

x. SEVERABILITY. IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

xi. RIGHT TO WAIVE. ANY OR ALL OF THE RIGHTS AND LIMITATIONS SET FORTH IN THIS ARBITRATION AGREEMENT MAY BE WAIVED BY THE PARTY AGAINST WHOM THE CLAIM IS ASSERTED. SUCH WAIVER SHALL NOT WAIVE OR AFFECT ANY OTHER PORTION OF THIS ARBITRATION AGREEMENT.

xii. SURVIVAL OF AGREEMENT. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH ZIGGI’S.

b. ELECTRONIC COMMUNICATIONS. THE COMMUNICATIONS BETWEEN YOU AND ZIGGI’S USE ELECTRONIC MEANS, WHETHER YOU USE THE SITE OR SEND US EMAILS, OR WHETHER ZIGGI’S POSTS NOTICES ON THE SITE OR COMMUNICATES WITH YOU VIA EMAIL. FOR CONTRACTUAL PURPOSES, YOU (A) CONSENT TO RECEIVE COMMUNICATIONS FROM ZIGGI’S IN AN ELECTRONIC FORM; AND (B) AGREE THAT ALL TERMS AND CONDITIONS, AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT ZIGGI’S PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL OBLIGATION THAT SUCH COMMUNICATIONS WOULD SATISFY IF IT WERE BE IN A HARD COPY WRITING.

c. ENTIRE TERMS. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE USE OF THE SITE. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT. THE WORD “INCLUDING” MEANS “INCLUDING WITHOUT LIMITATION”. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE OTHER PROVISIONS OF THESE TERMS WILL BE UNIMPAIRED AND THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED MODIFIED SO THAT IT IS VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR RELATIONSHIP TO ZIGGI’S IS THAT OF AN INDEPENDENT CONTRACTOR, AND NEITHER PARTY IS AN AGENT OR PARTNER OF THE OTHER. THESE TERMS, AND YOUR RIGHTS AND OBLIGATIONS HEREIN, MAY NOT BE ASSIGNED, SUBCONTRACTED, DELEGATED, OR OTHERWISE TRANSFERRED BY YOU WITHOUT ZIGGI’S PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT, SUBCONTRACT, DELEGATION, OR TRANSFER IN VIOLATION OF THE FOREGOING WILL BE NULL AND VOID. ZIGGI’S MAY FREELY ASSIGN THESE TERMS. THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS SHALL BE BINDING UPON ASSIGNEES.

d. COPYRIGHT/TRADEMARK INFORMATION. COPYRIGHT © 2022. ALL RIGHTS RESERVED. ALL TRADEMARKS, LOGOS AND SERVICE MARKS DISPLAYED ON THE SITE ARE OUR PROPERTY OR THE PROPERTY OF OTHER THIRD-PARTIES. YOU ARE NOT PERMITTED TO USE THESE MARKS WITHOUT OUR PRIOR WRITTEN CONSENT OR THE CONSENT OF SUCH THIRD PARTY WHICH MAY OWN THE MARKS.

e. CONTACT INFORMATION:

ADDRESS: 241 WELKER AVENUE, MEAD, CO 80542
EMAIL: SUPPORT@ZIGGISCOFFEE.COM