Terms of Use

We may supply different or additional terms in relation to some of the Sites, and those different or additional terms become part of your agreement with us if you use those Sites. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Sites or updating the date at the top of these Terms. All modifications and additions to our products, services, or the Sites will be governed by the Terms, unless otherwise expressly stated by Blue Bottle Coffee in writing. You also have the right to stop using our products, services, or the Sites at any time, and you may terminate these Terms by ceasing use of our products, services, or the Sites.

We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may suspend or stop providing any of our products, services, all or portions of the Sites at any time. If you don’t like any changes, you can stop using the Sites at any time. We are not responsible for any loss or harm related to your inability to access or use the Sites.

You must be at least 18 years of age to use the Sites. Our Sites are not intended for use for individuals under 18 years of age and we do not intend to advertise to children 16 years or younger on any media channels in which age targeting is possible.

You agree to be fully responsible for the acts or omissions of use in relation to the Sites. If you use the Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

You may be able to register for an account to access certain features of the Sites. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may not share your account with anyone else. Please keep your account password confidential and try not to use the same password on other websites. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you believe that your account has been compromised at any time, please contact us here.

The Sites may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Blue Bottle Coffee.

You grant Blue Bottle Coffee and any future subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you,. and waive any moral rights you may have in favor of Blue Bottle Coffee. When you post or otherwise share User Content on the Sites, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others and will be treated as non-confidential. This license continues even if you stop using the Sites.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.

You represent and warrant that you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Sites. Specifically, you represent and warrant that you will not:

• Use the Sites other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites;
• Use any software or other means to access, copy, download, communicate to the public, collect, harvest, aggregate, or extract any content from the Sites or any system or network connected to the Sites, including by using web scraping, data extraction or data mining software or tools (except in the case of public search engines, in accordance with our robots.txt file and solely to the extent necessary for creating publicly available searchable indices);
• Use content to train or develop any artificial intelligence models;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Sites, except as expressly permitted by us or our licensors;
• Modify the Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Sites;
• "Frame" our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose;
• Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• Use or attempt to use another's account without authorization from Blue Bottle Coffee;
• Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop or use any third-party applications that interact with User Content or our Sites without our prior written consent
• Use the Sites in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You represent and warrant that you will not create, post, store or share any User Content that:

• Is known by you to be false, inaccurate or misleading;
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates or misrepresents your affiliation with any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Sites, or may expose Blue Bottle Coffee or others to any harm or liability of any type.

This Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.

The Sites, including any text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Blue Bottle Coffee or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Blue Bottle Coffee or are used with permission. Trademarks may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Blue Bottle Coffee, our products, or the Sites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Blue Bottle Coffee may treat Feedback as non-confidential.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe any information on the Sites infringes your copyrights or applicable law, please contact Blue Bottle Coffee with the following information:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the website;
3. Your email address or other contact information that is sufficient for us to contact you;
4. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you that the above information in your notice to Blue Bottle Coffee is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Notification must be submitted to the following Copyright Agent for this site in the manner described below:

By Mail:
Copyright Agent
Nestlé USA – Blue Bottle Coffee
Attn: Legal Department/DMCA Notices
1812 N. Moore Street
Arlington, VA 22209

By Email:
DMCA.Notice[@]us.nestle.com

Also, please note that if you knowingly misrepresent that any activity or material on the Sites is infringing, you may be liable to Blue Bottle Coffee for certain costs and damages.

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Blue Bottle Coffee does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is governed by the terms posted on those websites.

Links on the Blue Bottle Coffee websites may take you outside the Blue Bottle Coffee network and systems and Blue Bottle Coffee accepts no responsibility for the content, accuracy or function of these other third-party websites or mobile apps. The links are provided in good faith and Blue Bottle Coffee cannot be held responsible for any subsequent change in other third-party websites or mobile apps to which we provide a link. The inclusion of any link to other websites or mobile apps does not imply endorsement by Blue Bottle Coffee. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites or mobile apps that you visit.

The information presented on our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of any of the Services’ contents.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Blue Bottle Coffee and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Blue Bottle Coffee Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our products or Sites; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our products or Sites. You will promptly notify Blue Bottle Coffee Parties of any third-party Claims, cooperate with Blue Bottle Coffee Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Blue Bottle Coffee Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Blue Bottle Coffee or the other Blue Bottle Coffee Parties.

EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES EXCEED THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SITES IN THE PRECEDING TWELVE (12) MONTHS.

Your use of the Sites is at your sole risk. Except where prohibited or as otherwise provided in a writing by us, the Sites and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Blue Bottle Coffee does not represent or warrant that the Sites are accurate, complete, reliable, current or error-free. While Blue Bottle Coffee attempts to make your use of the Sites and any content therein safe, we cannot and do not represent or warrant that the Sites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Sites. Any advice or information, be it oral or written, obtained from Blue Bottle Coffee or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms & Conditions.

Additionally, software from the Sites may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

In order for us to provide the Sites, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Blue Bottle Coffee does not itself process payment for any of our products or services. To facilitate payment for our products and services via a payment card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. If you make a payment for our products or services via a payment card, you may be subject to Stripe’s terms and conditions and other policies available at https://stripe.com/legal and Stripe’s privacy policy available at
https://stripe.com/privacy.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. For purposes of this Section 17 (Dispute Resolution), “Blue Bottle Coffee” shall include its shareholders, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.

THIS SECTION MAY NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION IN WHICH SUCH LIMITS ARE PROHIBITED. EXCEPT WHERE PROHIBITED, THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BLUE BOTTLE COFFEE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If you and Blue Bottle Coffee have a Dispute (defined below), you and Blue Bottle Coffee agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you or Blue Bottle Coffee intend to initiate an arbitration proceeding, the initiating party must first send a verified notice (“Notice”) to the responding party that describes the Dispute. The Notice must include the initiating party’s name and contact information (address, telephone number, and email address), sufficient information to enable the parties to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. If you have a Dispute with us, you must send this notice to USDisputeReso[@]us.nestle.com. If Blue Bottle Coffee has a Dispute with you, Blue Bottle Coffee will send this notice to the email associated with your Blue Bottle Coffee account. You and Blue Bottle Coffee will participate in an individual meet-and-confer in person or via teleconference or videoconference. The meet-and-confer will address only the Dispute between you and Blue Bottle Coffee. If you are represented by counsel, your counsel may participate in the meet-and-confer, but you will still need to be present for the meet-and-confer. Blue Bottle Coffee will participate through one of its representatives, and its counsel may also be present.

If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Blue Bottle Coffee may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If a party commences an arbitration without providing Notice and completing the informal dispute resolution process, that party will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If the parties are unable to resolve the Dispute through the mandatory informal dispute resolution process, except as set forth below, all claims, controversies, or disputes between you and Blue Bottle Coffee will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Blue Bottle Coffee, your access or use of our Site or any products or services offered by or purchased from Blue Bottle Coffee, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights (but claims not related to infringement or other misuses or intellectual property rights but jointly submitted with claims to enjoin infringement or other misuse of intellectual property rights will be resolved only in arbitration). This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, AND UNLESS OTHERWISE PROVIDED, YOU AND BLUE BOTTLE COFFEE GIVE UP THE RIGHT TO BRING AND PROSECUTE ANY DISPUTES IN A COURT OF LAW OR BEFORE A JURY AND GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court and that provider will administer any arbitration consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Dispute Resolution at USDisputeReso[@]us.nestle.com, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. Blue Bottle Coffee must do the same to begin an arbitration proceeding, except that it will send the demand for arbitration to the email address associated with your Blue Bottle Coffee account. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Blue Bottle Coffee will pay all fees and costs that we are required by law to pay.

AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. You and Blue Bottle Coffee may participate in a classwide, collective, and/or representative settlement of claims. Specifically, and notwithstanding anything to the contrary in this Section 17 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against a party by the same or coordinated counsel or are otherwise coordinated, you and Blue Bottle Coffee understand and agree that the resolution of the Dispute might be delayed. You and Blue Bottle Coffee also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Blue Bottle Coffee shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, if Blue Bottle Coffee makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending Blue Bottle Coffee written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

Any dispute arising from these Terms and your use of the products or Sites will be governed by and construed and enforced in accordance with the laws of Delaware except to the extent preempted or prohibited by law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Except where prohibited, any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States.

When you make a purchase on any of the Sites, you agree to be billed in the manner selected and in accordance with these Terms.

When starting a Blue Bottle subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscription is a) canceled, b) paused or c) skipped. Paused and skipped subscriptions are not considered active and may not be eligible for certain promotional benefits or discounts. If paused, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.

Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please contact us at least 72 hours before the date you are scheduled to be charged next.

You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription, or you cancel and then resume that subscription. If Blue Bottle makes changes to its subscription plans, we will communicate such changes in accordance with applicable laws.

The term of your subscription is continuous.

PLEASE READ THESE MEMBERSHIP PROGRAM TERMS CAREFULLY. BY PARTICIPATING IN THE MEMBERSHIP PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND THESE MEMBERSHIP PROGRAM TERMS. IF YOU DO NOT AGREE TO THESE MEMBERSHIP PROGRAM TERMS, THEN DO NOT PARTICIPATE IN THE MEMBERSHIP PROGRAM. IF YOU ALREADY HAVE SETUP AN ACCOUNT OR DOWNLOADED THE BLUE BOTTLE COFFEE APP TO YOUR DEVICE, TO OPT OUT OF THE MEMBERSHIP PROGRAM YOU WILL NEED TO FOLLOW THE OPT OUT PROCEDURE DESCRIBED IN SECTION D BELOW.

This section (“Membership Program Terms”), which is a part of the Terms, applies to your access to and participation in the Blue Bottle Coffee Membership Program (“Membership Program”), which is operated by Blue Bottle Coffee. These Membership Program Terms do not alter in any way the terms or conditions of any other agreement a Membership Program member (“Member”) may have with Blue Bottle Coffee for other products and services. By participating in the Membership Program, you agree to be bound by these Membership Program Terms.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

PARTICIPATION IN THE MEMBERSHIP PROGRAM AND DISPUTES ARISING OUT OF OR RELATING TO THESE MEMBERSHIP PROGRAM TERMS ARE SUBJECT TO THE MANDATORY ARBITRATION PROVISION IN SECTION 17 ABOVE.

The Membership Program is a free-to-join loyalty program that rewards our customers and their guests for certain purchases at Blue Bottle Coffee cafés in the United States (“Cafés”) and through the Blue Bottle Coffee app (“App”). Members receive promotional points (“Points”) through purchases that they can redeem for promotional rewards (“Rewards”) that can be used to purchase beverages or gift beverages to other Members as described in these Membership Program Terms.

We may change, modify, limit, and/or eliminate the Membership Program and/or all or any portion of these Membership Program Terms, or any policy pertaining to the Membership Program from time to time and in our sole discretion, including the following: (a) the Rewards or other benefits offered under the Membership Program; (b) the expiration date of Points or Rewards; (c) how Points are earned, calculated, or redeemed; or (d) how Rewards are calculated, valued, or redeemed. If we make changes to the Membership Program Terms, we will post the amended Membership Program Terms to https://bluebottlecoffee.com/us/eng/terms-of-use and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Membership Program Terms will be effective immediately and your continued participation in the Membership Program after the amended Membership Program Terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Membership Program Terms, you must stop participating in the Membership Program by following the opt-out procedures described in Section D below. We will not be liable to you in any way for any value or benefits you may lose as a result of any changes made to the Membership Program, including any Points or Rewards.

To be eligible to participate in the Membership Program, you must (a) be a resident of the 50 United States or District of Columbia with a current, valid U.S. phone number; (b) be at least 18 years of age; and (c) open and maintain an online account with us through our App. You may only have one Membership Program account. The Membership Program is intended for personal use only and commercial customers are not eligible to participate. Your account may not be assigned, transferred, or shared with family or friends, and your account and associated benefits are not intended for purchasing products for resale.

To join the Membership Program, download our App, follow the prompts to select your local Café, select the account/profile icon in the upper-left corner, follow the instructions and enter your information to set up an account, and confirm you agree to the Terms, which include these Membership Program Terms.

If you already have an account with us on our App, you will be automatically enrolled into the Membership Program.

You may opt out of the Membership Program at any time by deleting your account. To delete your account, go to the Member profile section the App and select the option to delete your account at the bottom of the screen. If you need additional support, contact the Help Center or Customer Service at (510) 661-3510 to request that your account be deleted. You will also need to delete the App from your device.

If you elect to opt out, by deleting your account, you will (a) lose access to your online account on our App and will not be able to place orders via our App, (b) not earn Points for purchases, (c) forfeit and not be able to redeem any previously earned Points or Rewards, and (d) not be able to retrieve previously earned Rewards or Points if you elect to opt in at a later time.

To be able to earn Points and/or redeem Rewards in connection with the Membership Program, you must register for an online account through our App and provide us with additional information such as your name, U.S. phone number, and e-mail address. You must notify us of the change of phone number by updating your Rewards account information online.

To earn Points, you must be logged into your account when making a purchase on our App, or provide your account information when ordering at a Café by scanning the bar code in our App. You will earn one Point for each full dollar you spend on Qualifying Purchases (defined below) for orders associated with your account. Additional terms, requirements, and details for earning Points follow.

“Qualifying Purchases” means all purchases made at Cafés or via our App, but excluding the following categories of purchases and other charges: unauthorized or fraudulent purchases; purchases that violate our Terms; purchases made before becoming an eligible Member; purchases of merchandise or equipment; purchases at third-party retailers; purchases of gift cards; sales tax; shipping and delivery charges and fees; order fees; unfilled backorders; subscription or membership fees; and/or other excluded items or charges specified by us from time to time at our discretion. Products purchased for resale or commercial use (as determined at our discretion) are also excluded.

Points (or partial Points) will not be earned on the portion of any transaction above the full dollar amount of Qualifying Purchases in that transaction. You can access your account information such as Points earned and available Rewards by logging into your account on our App.

Expiration of Points:
EACH POINT WILL EXPIRE ONE YEAR AFTER IT IS ADDED TO YOUR ACCOUNT. ALL UNREDEEMED POINTS WILL BE FORFEITED AND DEDUCTED FROM YOUR ACCOUNT. Points nearest to expiration will be deducted from your account first when redeeming Points for a Reward.

*up to $8.75 value (including tax).

Members may redeem a Reward for a beverage with a higher value, but must pay the difference over $8.75 (plus tax on the difference). Includes only freshly prepared beverages (does not include bottled or canned drinks).

To redeem Points for a Reward, go to the Membership section of the App, follow the instructions to select and confirm the chosen reward. To redeem Points for a Gift A Friend Reward, you will need to provide the [name and email address] of the intended recipient. The recipient will receive an email and/or notification in the App that a Reward has been added to the recipient’s account, and you will have the option of copying a link to the Reward that you can share with the recipient. To redeem a Gift A Friend Reward, the recipient must be a current Member with an active account on our App.

Rewards may redeemed at any Café by redeeming either in app or at register. Rewards may be redeemed using our App by selecting an available Reward as the payment method when placing the order.

Rewards have no cash value, are non-transferable (after Points redemption), and are only redeemable through us. The difference between the beverage value limit and the value of the beverage ordered when redeeming a Reward will not be paid out in cash or store credit, or available for use as a gratuity/tip. Pursuant to Membership Program Terms Section B above, we reserve the right to change the Rewards, the procedures for redeeming Points and Rewards, and the conversion rates between Points and Rewards.

Expiration of Rewards:
EACH REWARD WILL EXPIRE ONE YEAR AFTER IT IS ADDED TO YOUR ACCOUNT UNLESS OTHERWISE STATED. ALL UNREDEEMED AND EXPIRED REWARDS WILL BE FORFEITED AND DEDUCTED FROM YOUR ACCOUNT OR THE ACCOUNT TO WHICH THE REWARD WAS GIFTED.

From time to time, we may offer you special promotional offers (including personalized offers) and benefits at our discretion. Such offers will be subject to the terms and conditions specified in the promotional offer.

Unless you have opted out of receiving marketing communications, we may (at our option) communicate with you about marketing via mail, email, and other channels, including about special Member promotions, offers, and more. We may also use these channels to notify you when you are eligible for a benefit, communicate Membership Program changes, and more. Please note that even if you opt out of receiving marketing or promotional communications, we may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

All Membership Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (“Intellectual Property”) are owned by Blue Bottle Coffee and/or its affiliates or are used with permission, and may be registered in the United States and internationally. Intellectual Property may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Without notice to you, we reserve the right to suspend or terminate your account and/or your participation in the Membership Program if we determine in our discretion that you have violated these Membership Program Terms, you have more than one account, or that the use of your account or your participation in the Membership Program is unauthorized, deceptive, fraudulent, or otherwise unlawful. We may, in our discretion, suspend, cancel, or combine accounts that appear to be duplicative. Your participation in the Membership Program is voluntary and you may withdraw at any time. If you opt out of the Membership Program or we cancel your membership or terminate the Membership Program for any reason, all Points, Rewards or other benefits on your account will be forfeited. You are responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from your participation in the Membership Program. The use of the words “include,” “includes,” or “including” is illustrative and not limiting.

For all questions about the Membership Program or your Member account, please contact us via the Help Center.

This section applies to you if you choose to participate in Blue Bottle Coffee’s short message service program (“SMS Program”). By participating in the SMS Program, you agree to receive recurring automated promotional and personalized marketing text messages from Blue Bottle Coffee, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other phone number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

Message and data rates may apply to any messages sent to you from us and to us from you. Message frequency will vary. Blue Bottle Coffee reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Blue Bottle Coffee also reserves the right to change the short code or phone number from which messages are sent.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas.

Cancellation. You can cancel your participation in the SMS Program at any time. Just text the keyword "STOP" to our short code to stop receiving messages from all brands. To end SMS, please follow the instructions included in that brand’s SMS messages. After texting STOP to our short code, will send you a text message to confirm that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Blue Bottle Coffee and its service providers will have no liability for failing to honor such requests.

Help. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you text HELP to the short code, we will respond with our customer care information.

Customer Care. If you have any questions about the SMS Program, contact our customer care team here.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Blue Bottle Coffee to exercise or enforce any right or provision of these Terms will 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. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. All notices from Blue Bottle Coffee to you will be deemed delivered and effective when sent to the e-mail address you provide to us (if you do provide your email address to us).