Terms and Conditions
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.
- Website Content and Limits on Use
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.
- User Name/Password
In order to create an account on this Site, you must be at least eighteen (18) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from Company and its affiliated entities.
- User-Generated Content
If you send, post, or otherwise provide to Company any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Company has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Company and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Company shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.
- Trademark Notice
Company names and logos and all related product and service names, design marks and slogans are the proprietary property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.
- Rules for Using the Site
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
- You may not access or attempt to access the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, or other means or processes to access, "scrape," "crawl" or "spider" the Site, its offers, or any related data or information.
- Site Access
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
- Product Information, Pricing and Availability
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.
The Site may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to this Site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party, and you visit other sites or engage in business with any third party at your own risk.
- Mobile Services
To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By accessing the Site through a mobile device, you agree that we may receive information about your usage of the Site.
By checking the box to opt in to receive SMS messages, you expressly consent to receive recurring informational and/or marketing SMS messages from Company, including SMS messages made with an autodialer, at the telephone number that you provide. Consent to receive SMS messages is not required to purchase any goods or services. Reply “HELP” for additional information.
You may opt out of these communications at any time, by replying “STOP” to 87302. We will send you a SMS message to confirm that you have been unsubscribed. If you want to begin receiving SMS messages again, reply “KEURIG” to 87302, and we will start sending SMS messages to you again.
Message and data rates may apply to these communications. You agree that you are solely responsible for all message and data charges that apply. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
By agreeing to receive SMS messages from Company, you certify that you are over 18 years of age, that the telephone number that you provided is your mobile number, and that you have the authority to grant Company the right to send SMS messages to that mobile number.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.
You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of your new number by logging into your account at Keurig.com and editing the number under My Account. You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Company may suspend or terminate your receipt of Company SMS messages if Company believes you are in breach of these terms. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company SMS messages, with or without notice.
- Copyright Infringement Notice
(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: firstname.lastname@example.org
(b) All claims of infringement must be in writing and must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Fraud Prevention
Company reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Company reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by Company regarding fraud or suspected fraud are binding and final.
- Website Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Company, and any affiliated Company entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Company of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the service.
- Arbitration and Class Waiver
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.
This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
- Choice of Law
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.
The Terms shall remain effective until terminated as outlined herein. You agree that Company in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of a Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
- Export Restrictions
You acknowledge that any related software is of U.S.-origin, and agree to comply with all applicable international and national laws that apply to any Site, as well as end-user, end-use and country destination restrictions issued by the U.S. and other governments.
- Keurig.com Gift Cards Terms & Conditions
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
- SMART Auto-Delivery
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.
- Club Keurig® Terms and Conditions
- Products purchased through the Rewards Catalog are for personal use only and not for resale.
- Brewers purchased through the Reward Catalog can only be shipped to the address equal to your Billing Address.
- Club Keurig® Rewards Points are not transferable and may not be combined among Club Keurig® members, their successors or assigns, or across any other loyalty program or promotion offered by Keurig Green Mountain, Inc. (Keurig) or its affiliates. Accrued Rewards Points do not constitute property of the member and are not transferable by the member (i) upon death, (ii) as part of a domestic relations order, or (iii) otherwise by operation of law. Rewards Points and the awards and benefits of Club Keurig® are void where prohibited by law.
- Maximum number of Rewards Points an account may accrue and carry at any time is 10,000. The 10,000 Rewards Points limitation is irrespective of the amount of otherwise qualifying product that a member purchases.
- Keurig is the final authority on qualification for Rewards Point credit and reserves the right to deny or revoke Rewards Point credit at any time if it determines that Rewards Point credit was improperly given. Guest transactions are not eligible for Rewards Points.
- Keurig may, in its sole discretion, change Club Keurig® terms, conditions, awards and special offers at any time with or without notice. This means that the accumulation of Rewards Points does not entitle members to any vested rights with respect to such Rewards Points, awards or club benefits. In accumulating Rewards Points, members may not rely upon the continued availability of any award, award level or benefit of membership. Any award, award level or benefit may be withdrawn or made subject to increased Rewards Point requirements or new restrictions at any time. Keurig, may, among other things, (i) withdraw, limit, modify or cancel any award or benefit, (ii) change Club Keurig® benefits, Rewards Point levels, conditions of participation, rules for earning, redeeming, retaining or forfeiting Rewards Point credit, or (iii) otherwise restrict the continued availability of Rewards Points. Keurig may make any one or more of these changes at any time even though such changes may affect a member's ability to use Rewards Points that such member has already accumulated. Members are responsible for knowing the current terms and conditions of Club Keurig® in order to understand their rights, responsibilities and status under Club Keurig®.
- Members are responsible for ensuring that earned Rewards Points are properly credited. If a member believes that Rewards Points have been earned but not properly credited, such member may be required to submit documentation or other proof satisfactory to Keurig. Any claim for Rewards Points not credited must be received by Keurig within 12 months after the Rewards Points were earned.
- Club Keurig® members may access and view their account status at any time on www.Keurig.com.
- If Keurig improperly denies a member Rewards Points, awards or some other benefit of Club Keurig®, the member's exclusive remedy shall be the issuance of the improperly denied Rewards Points, award or benefit, if available, or such other alternative comparable benefit as determined by Keurig, which shall have no additional liability whatsoever. In no event shall Keurig be liable to any member, or anyone claiming through a member, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Keurig acts or omissions in connection with Club Keurig®.
- To maintain Your Available Points you must make at least one purchase each year at Keurig.com. Otherwise, your points will expire. Your Expired Points balance represents any points which have expired due to inactivity of your account for 12 month.