The Coffee Bean Rewards Application Terms & Conditions

Last updated: September 7, 2016

The Coffee Bean® Rewards Application (the "App") is offered by International Coffee & Tea, LLC doing business as The Coffee Bean & Tea Leaf® ("Company", "we", or "us"). These Terms and Conditions ("Terms and Conditions") apply only to this App offered herein, and not to any other website, mobile app, product, or service offered by us. These Terms and Conditions are a legal and binding agreement between you and Company governing your use of this App, which includes its content, information, services and features.

These Terms and Conditions supplement and incorporate other Company policies, including the privacy policy and The Coffee Bean® Rewards Program terms and conditions. If the provisions of any Company policy conflict with these Terms and Conditions, these Terms and Conditions will govern, so long as the terms and conditions apply to the App.

Please read these Terms and Conditions, which apply to your use of this App. If you do not agree to these terms, then do not use this App or participate in the Regards Program.

1. ELIGIBILITY TO USE APP

This App is not targeted towards, or intended to be used by, children under the age of 13. If you are between the ages of 13 and 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. By downloading and using this App, you represent that you are at least 13 years old. This App is intended for use by residents of the United States only.

2. LOGIN AND REGISTRATION

Certain features or services offered on or through this App require you to login to an existing Account (as defined herein), or register for the App by creating an account ("Account"). You may register for the App and create an Account via the App. In order to create an Account, you must provide (1) download the App, (2) provide a first and last name, (3) provide an active and valid email address, (4) provide your birthday, and (5) provide a password. A phone number is optional.

You also have the option to register for the App through your Facebook account. If you register for the App using your Facebook account, Company will collect the public profile information in your Facebook account.

When registering for the App by creating an Account, you enroll in The Coffee Bean® Rewards Program ("Rewards Program"). You may opt out of the Rewards Program at any time. See the privacy policy for details about the Rewards Program.

After you complete your registration for the App by creating an Account, Company will send a one-time confirmation email to the email address for your Account in order to verify your email address.

The same email address may only be used to create one Account.

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

You may not use anyone else's account or login information. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.

3. LICENSE

Subject to your compliance with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, limited and revocable license to access, use, display and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell or exploit, in whole or in part, this App or its Content (as defined below). These Terms and Conditions and license control any updates or replacements of this App, unless separate terms and conditions apply, in which case the separate terms and conditions will govern.

4. CONTENT & USE

This App and all text, images, HTML, data, hyperlinks, video and/or information, and other materials featured, displayed, contained and available in and on this App, including the Rewards Program (collectively, the "Content"), are owned by or licensed to Company and are protected by copyright, trademark, trade dress, patent and/or other intellectual property rights. The App and the Content may have security components that protect digital information only as authorized by Company or the owner of the Content.

Company, The Coffee Bean & Tea Leaf®, The Coffee Bean & Tea Leaf® logo, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the App are trademarks, copyrights or registered trademarks of Company (collectively "Company Marks"). The Company Marks may not be copied, imitated or used, in whole or in part, without the Company's prior written consent.

5. The Coffee Bean® CARD

You may link one (1) or more gift card to your Account via the App. You can store the gift card in the App and use the gift card to pay for purchases at Company-owned The Coffee Bean & Tea Leaf® retail stores. Please refer to The Coffee Bean® gift card for applicable terms and conditions.

6. MOBILE PAY

You can use your mobile device to buy product in certain Company-owned The Coffee Bean & Tea Leaf® retail stores in the same way that is possible with a The Coffee Bean® gift card ("Mobile Pay"). Company reserves the right to terminate Mobile Pay or change the Company-owned retail stores accepting Mobile Pay.

7. COMMUNICATION

When you complete the registration process and/or setup an account or login to this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions. You may opt out of receiving electronic communications from Company by clicking the "unsubscribe" link at the bottom of any electronic communication.

You can opt into, or out of, receiving push notifications from Company on your mobile device. This may include promotional offers, alerts or messages pushed to your mobile device or within the App. You may opt out of receiving push notifications by adjusting your mobile device's "Notification" setting. Or by changing the "Notification Preferences" on the "Account Settings" page that you can access by pressing the "More" button.

8. LIMITS ON USE; RULES

You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Company reserves the right, in its sole discretion, to revoke your License, prohibit access, use, conduct, communications or content that we deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. Company's delay or failure in taking action does not constitute a waiver of Company's rights to enforce these Terms and Conditions.

Specific Prohibited Uses
The App may be used only for lawful purposes by individuals. Use of the App, any Content, and any information provided by you including e-mail addresses, information related to a The Coffee Bean® gift card, GPS location and/or user name is limited to the contemplated functionality of the App. The App will not be used for any of the following:

Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene or not your own;
Impersonating another person;
Posting information that violates or infringes upon the rights of any other party, including intellectual property and privacy rights;
Constituting or encouraging conduct that would constitute a criminal or gives rise to civil liability;
Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of United States' export control laws;
Attempting to interfere in any way with the App's or Company's networks or network security, or attempting to use the App's service to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item;
Violates these Terms and Conditions;
Violating any terms or conditions or any other agreement you may have with any third party (including, without limitation, any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party's data without their permission.

Security Rules
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

9. INDEMNIFICATION

You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms and Conditions, or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

10. WARRANTIES; DISCLAIMERS

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

11. NO LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, OR THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR FOR ANY TYPE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, EXACTLY ONE HUNDRED DOLLARS ($100.00).

12. APP STORES

You acknowledge and agree that the App's availability depends on the third party from whom you downloaded the App, e.g., the Apple App Store or Google Play app store ("App Store"). You acknowledge that these Terms and Conditions are between you and Company and not with the App Store. The Company, and not the App Store, is solely responsible for the App, its Content, maintenance, support services, and warranty thereof. You agree to comply with, and your license to use this App is contingent upon, any and all applicable third-party agreements (e.g., App Store's terms and conditions).

13. GOVERNING LAW AND JURSIDICTION; CLASS ACTION WAIVER

This App is governed by and subject to the laws of the State of California, United States of America, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles County, California, United States of America, for any disputes arising out of these Terms and Conditions, the App or its Content. Notwithstanding this provision, you agree that Company may apply for injunctive or other equitable relief in any court of competent jurisdiction.

14. MODIFICATIONS

Company reserves the right to change or modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App and its Content after any changes or modifications confirms your acceptance to the changes or modifications. Company may require you accept updates to the App that you have installed on your mobile device.

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

15. PRIVACY

In the course of using this App, you may be asked to provide certain information to Company. Company's use of any information you provide via the App shall be governed by our Privacy Policy (the "Privacy Policy"). Please review our Privacy Policy, which is incorporated herein and also governs your use of this App to understand Company's privacy practices.

16. GENERAL PROVISIONS

All or any of Company's rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Company's assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Company's failure to act with respect to a breach by you or others does not waive Company's right to act with respect to that breach or subsequent or similar breaches.

17. CONTACT

If you have any questions or complaints regarding the App, its Content and/or these Terms and Conditions, you can contact us at info@coffeebean.com or by calling 1-800- TEA-LEAF (1-800- 832-5323).