PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
The Site is owned and controlled by Company. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific Company Site. If you do not agree to these Terms, do not use the Site. Company reserves the right to modify or change these Terms from time to time, at Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE SITE.
We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Content") is owned or licensed by Company.
The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company.
Except for information, products or services clearly and specifically identified as being supplied or endorsed by Company, Company does not endorse any products or services on this Site or other sites linked to or from it. Company may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.
You agree to follow the conduct rules listed below:
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Company or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent at the following:
Keurig Green Mountain, Inc.
33 Coffee Lane
Waterbury, VT 05676
Attention: Amy Brosius, Vice President and Associate General Counsel, IP
or, via e-mail to: email@example.com
(b) All claims of infringement must be in writing and must contain the following information:
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH COMPANY AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
YOU AND COMPANY AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITE, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, subject to the exceptions below.
You and Company agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
"Disputes" shall include, but are not limited to, any claims or controversies between you and Company against each other related in any way to or arising out of in any way from the Site, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Company, even if the claim arises after you or Company has terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that Company brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Company; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.
2. Binding Arbitration Process and Procedure
2.1 Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in Collin County, Texas. Company and you further agree to submit to the personal jurisdiction of any state or federal court in Collin County, Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
2.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company ℅ CT Corporation System, 1999 Bryan Street,, Suite 900, Dallas, Texas 75201. You may send a courtesy copy to Keurig Green Mountain, Inc., Attn: Legal Dept., 53 South Avenue, Burlington, MA 01803 (but this copy is only in addition to rather than instead of the letter to CT Corporation System). The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.
2.3 To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. Company shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Company is specifically required to pay such fees under applicable law.
2.4 If Company’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.
2.5 You or Company may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Company otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Company with advance notice by email to KDP.Legal@kdrp.com and by mail to Keurig Green Mountain, Inc., Attn: Legal Dept., 53 South Avenue, Burlington, MA 01803.
2.6 These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Company on your behalf.
3. Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. 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 arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. 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 us.
4. Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to KDP.Legal@kdrp.com and to: Keurig Green Mountain, Inc., Attn: Legal Dept., RE: Opt-out Notice, 53 South Avenue, Burlington, MA 01803, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address, if any, associated with your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
6. Parents, Subsidiaries, Affiliates
This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Company, or any employee, officer, director, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, communications, and/or technology on or through the Site.
7. Changes to This Section
7.1 Company will provide thirty (30) days' notice of any changes to this section by posting on the marketplace websites or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you.
7.2 Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.
Subject to the section titled "Waiver of Class or Consolidated Actions," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9. Survival of Agreement
This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Company.
10. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
10.1 Company and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Company and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
10.2 The arbitrator cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Company users, and cannot be used to decide other disputes with other users.
10.3 If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Collin County, Texas.
10.4 If any clause within this Waiver of Class or Consolidated Actions Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
10.5 This Waiver of Class or Consolidated Actions Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Company, or any employee, officer, director, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
10.6 This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.
These Terms shall be construed in accordance with the laws of the State of Delaware, U.S.A., without regard to any conflict of law provisions.
To redeem your Gift Card:
Please contact us at 866-901-BREW (2739) 7 days a week 7am-10pm EST. Card has no value until activated. Protect gift card like cash. Gift card cannot be redeemed for cash or credit except where required by law. Issued by Keurig Green Mountain, Inc. © 2019. Issuer is not responsible for any loss or damage resulting from lost or stolen cards or use without your permission. Any unused balance on a gift card will remain on the gift card until redeemed for merchandise, and will not be transferable. Subject to applicable laws, issuer reserves the right to change these terms and conditions from time to time at its discretion. Void where prohibited. Not for resale. Not reloadable.
To check your gift card balance: Call 800-242-5353 and enter the Card # at the bottom of your gift card. Note: To check balances of eGift Certificates sold on Keurig.com, or physical gift cards sold at the Keurig Store in Burlington, MA, please call 866-901-BREW (2739).
The Company offers an optional automatic replenishment service called “Auto-Delivery.” If you order eligible products and choose the Auto-Delivery option, the items in your order will be automatically shipped to you on a regular basis at the frequency you select, based upon inventory availability and based upon the then-current prices for such items. You may change the items in your order, frequency, and next scheduled ship date at any time, or cancel your Auto-Delivery order, in MyAccount or by calling Consumer Care at 866-901-2739.
By purchasing an Auto-Delivery order, you agree and acknowledge that your order will be automatically shipped until cancelled, and you accept responsibility for all recurring charges prior to cancellation. To ensure uninterrupted delivery, you agree that the Company may store and use the payment data you provide for use in maintaining and billing fees to your account, and you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
For additional details, see http://support.keurig.com/Purchase_Support
The Company also offers an optional automatic replenishment service called “SMART Auto-Delivery.” If you order eligible products, you will have the option to sign up for SMART Auto-Delivery. By signing up for SMART Auto-Delivery, you agree to let Keurig.com automatically charge your provided method of payment when an item in your order is running low on inventory, as determined by Keurig based on your observed consumption patterns since your initial order, and based upon inventory availability and the then-current prices for such items. Each item in your order will have a different consumption pattern and will therefore be on a different delivery schedule. The quantity of beverages shipped is based on your daily consumption and may be greater or fewer than your initial order. You may adjust your order before it is processed. You may receive numerous shipments per week (you will see each order charged separately on your method of payment) depending on the number of items in your order and how varied your consumption patterns are. If your consumption pattern changes after you have received an Order Reminder email, your shipment may arrive sooner or later based on your newly observed consumption patterns. You may cancel your SMART Auto-Delivery order at any time in My Account or by calling Consumer Care at 866-901-2739. Cancellation shall be effective for any orders not yet processed as of the time of cancellation.
By purchasing a SMART Auto-Delivery order, you agree and acknowledge that your order will be automatically shipped until cancelled, and you accept responsibility for all recurring charges prior to cancellation. To ensure uninterrupted delivery, you agree that the Company may store and use the payment data you provide for use in maintaining and billing fees to your account, and you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.