- Membership & Eligibility. The reward program (“Program”) is a free program offered by Lunscorp, LLC d/b/a CoffeeAM (“Company”) to its customers located within the United States. Membership is limited to individuals who are legal residents of the United States. All members must be at least 18 years of age and must have legal capacity to enter into a legally binding agreement. Membership is limited to one account per individual. BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE YOU HAVE AGE ELIGIBILITY AND LEGAL ELIGIBILITY BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). Membership is non-transferable and membership purchases must be made by the member. The rewards program is not available to registered wholesale customers who receive reduced pricing due to their B2B status.
- Changes to the Program. Company may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, rewards, eligibility for Membership, these Terms, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion. If Company decides to make such changes, Company will post a new version of these Terms to its website and update the date listed above. CHANGES OR MODIFICATION TO THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS AND CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTE BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTE AROSE. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. To access the Program, you must provide your email address.
- Earning Membership Points. Under the Program, customers can receive 1 point credited to their account for every $1 dollar spent on a fulfilled order of merchandise (each, a “Point”). Company may offer bonus points from time to time at its own discretion. Separate terms and conditions will apply to each bonus point offer. As described in these Terms, “merchandise” includes any products sold online and does not include payment for e-gift cards, gift cards, taxes, or shipping. Points are not cash, have no cash value and can only be redeemed for Rewards, as defined below. Company may, in its sole discretion, allow Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Company, Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates.
- Viewing Your Point Balance. You can log into your account at any time to see your Point balance. Your profile page can be accessed at any time by logging into your online account at www.CoffeeAM.com.
- Using Membership Points; Order Cancellation. Your Points may be redeemed for rewards made available by Company from time to time (“Rewards”). You are eligible to redeem Points for a Reward if you have enough Points for that specific Reward. The retail value of the Reward does not count toward the free shipping threshold. Rewards can only be redeemed online, only if shipped to addresses in the US or Canada. All Rewards offers are for a limited time, while supplies last, and provided on a first-come, first serve basis. Points will be deducted at the time of redemption. Rewards are subject to change, alteration, substitution, or termination by Company at any time, in Company’s sole discretion. All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Points, cash, another product, gift card or e-gift certificate. Company is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Because all Rewards redeemed online are redeemed with merchandise orders, if you cancel an item from your order and that cancellation drops your Points balance below the required Points to redeem the Reward, you will still receive the Reward as long as other merchandise is being shipped. It is possible your Points bank could have a negative balance if you do not have enough Points in your account because of the item cancellation. If your entire order is cancelled by you, any Reward will not be utilized because a merchandise purchase is required, and the redeemed Points will be re-credited. Redeemed Points will be re-credited if an order is cancelled by Company.
- Point Expiration. All unredeemed Points will expire after 12 months following the awarding of the Points. If you feel Points have been expired in error, please email Customer Service at CustomerRelations@coffeeam.com for assistance. In addition, Points will automatically expire if your membership in the Program is revoked or otherwise cancelled for the reasons further detailed in Section 7.
- Termination. Company reserves the right to exclude individuals from the Program, remove Points from a member’s account and/or cancel orders that are not consistent with Company policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules including failure to follow any terms of the Program, including, but not limited to the eligibility requirements, membership inactivity for more than 12 months, reselling Rewards, any misrepresentation or any conduct detrimental to the interests of Company not otherwise protected by law may subject members to membership revocation or deduction of Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. If your membership is revoked or otherwise cancelled, any Points in your account will automatically expire.
- Privacy Policy. For questions, regarding our privacy policy please refer to https://www.coffeeam.com/pages/privacy-policy.
- Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE COMPANY’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM COMPANY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
-
Resolving Disputes. If a dispute should arise between you and Company, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by calling 1-800-803-7774 or email CustomerRelations@coffeeam.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents. -
Legal Disputes; Class Action Waiver; Jury Trial Waiver. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). -
Choice of Law/Forum Selection. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflict of law rules. If you are a U.S. resident, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Cherokee County, Georgia. This provision does not apply to residents of New Jersey.
For residents of Canada, this Agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside and the applicable laws of Canada. - Severability. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Company or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions
- California Notice of Financial Incentive. Under California law, loyalty programs may be considered a financial incentive. When you sign up for one of these Programs, Company typically asks you to provide your name and contact information (such as email address and/or telephone number). Because the Program involves the collection of personal information and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under California law. Under the California law, the value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the Program, less the expense related to offering those products, services, and benefits to Program participants. You may withdraw from participating in the Program at any time by contacting Company using the designated method set forth herein.
- Contact Information. If you have any questions regarding the Program, you may call 1-800-803-7774 for assistance.
