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TERMS OF USE

Effective Date: January 8, 2019

Welcome to Scooter’s Coffee! Scooter’s Coffee, LLC (“we,” “us,” “our,” or “Scooter’s Coffee”) owns and operates https://scooterscoffee.com (“Site”) and licenses a mobile application (together with all documentation and updates, the “App”). The App is available through the iTunes store and the Google Play store. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our Site, our store at https://scooterscoffee.com/shop, the App, and other services offered at the Site or through the App (collectively, our “System”).

Your use of our System means that you accept and agree to these Terms of Use.  If you do not agree to these Terms or our Privacy Policy, do not download or install the App or use or access any part of the System.

We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the Site and in the relevant App stores.  Your continued use of our System, or any other service provided through the System, means that you accept and agree to the modified Terms of Use.

The Scooter’s Coffee Franchise System

The Scooter’s Coffee franchise system is a retail network made up of company-operated and franchised Scooter’s Coffee businesses. Scooter’s Coffee franchisees own and operate their own individual franchised businesses. Scooter’s Coffee franchise operators are independent third parties and these Terms of Use do not apply to any such franchisee; including in connection with such franchise operator’s website, mobile application, social media page, or other online service for his, her, or its franchised business.

Your Account

Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:

  • Be thirteen years of age or older. Children under eighteen may solely use an account owned by a parent or legal guardian with their permission and supervision. The System is not intended for children under the age of 13;
  • Provide accurate information;
  • Create only one account; and
  • Keep your log-in and password secure.

You are responsible for all activity that occurs under your account and accept all risks of unauthorized access. You must promptly notify Scooter’s Coffee if you discover or otherwise suspect any security breaches relating to your account. You may delete your account by contacting us at mobileapp@scooterscoffee.com. We reserve the right to terminate an account that has been inactive for a period of three (3) years or more. You understand and agree that termination by us of your account will result in the cancellation of all offers and promotions associated with that account.

Access to the System

We reserve the right to delete or amend the System and any service or material we provide on System, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System.

Violation of These Terms

You agree that Scooter’s Coffee may, in its sole discretion and without prior notice, block and/or terminate your access to the System if we determine that you have violated these Terms or the terms of any other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and may cause irreparable and unquantifiable harm to Scooter’s Coffee. You also agree that monetary damages would be inadequate for such harm and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If we take legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the System as a result of any violation of these Terms.

License Grant and Restrictions

You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. You may not: (a) modify the System or any portion thereof; (b) reverse engineer, disassemble, decompile any part of the System (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of any part of the System or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (c) make copies, redistribute or sell the System; (d) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the System (or any copy or portion thereof); (e) access the App via any means other than through authorized distributor platforms; (f) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious; or (g) propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.

Through use of the App, you consent to automatic software updates of the App. The App is only licensed for your use for the purposes for which you are authorized and on the devices for which you are authorized to administer. You may uninstall the App at any time by using the standard uninstall procedures offered with your mobile device’s operating system.

Intellectual Property

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our franchisees or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

Scooter’s® and Scooter’s Coffee are registered trade names, trademarks and service marks of Scooter’s Coffee. The absence of a trademark notice or legend indicating the registration or ownership by Scooter’s Coffee anywhere in the text of the System does not constitute a waiver of our trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the System. Trademarks, logos, service marks, and all other source identifying indicia displayed in the App that reference our application developer, SCVNGR, Inc. d/b/a LevelUp (“LevelUp”), are owned by LevelUp. Nothing contained herein or on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade name, trademark, service mark or logo of Scooter’s Coffee or our application developer, LevelUp. You are strictly prohibited from using any such names, marks and logos except as expressly provided in these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Your use of the System does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Return Policy

To ensure your complete satisfaction, you may return any order through the System within 30 days of receipt of the product for a full refund (minus shipping and handling). If you wish to do so, please call Customer Service at (402) 614-1723.

We cannot accept returns at our store locations at this time.  Please return the product in its original packaging to our corporate headquarters in Omaha, Nebraska.

Additional terms and conditions may also apply to specific portions, services, or features of the System. All such additional terms and conditions are hereby incorporated by reference into these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless Scooter’s Coffee, its officers, directors, franchisees, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. You could be held liable for losses incurred by us or another due to someone else using your password or user name. You will indemnify and hold Scooter’s Coffee harmless for any improper or illegal use of your account. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account or uninstalling the App.

Warranty and Limitation of Liability

SCOOTER’S COFFEE AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCOOTER’S COFFEE AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SCOOTER’S COFFEE DOES NOT WARRANT THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE AND DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSSES YOU MAY INCUR FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR YOUR USER NAME AND PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCOOTER’S COFEFE AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCOOTER’S COFFEE OR ANY OF ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM AND TO UNINSTALL ANY INSTALLED APP.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Nebraska, and shall be governed by the laws of the State of Nebraska and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the Douglas County, Nebraska.

You hereby knowingly, voluntarily and intentionally waive any right that you may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms.

Geographic Restrictions

The System is controlled, operated, and administered by Scooter’s Coffee in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy  and any documents referred to in the Terms of Use and Privacy Policy, are the entire agreement between you and us related to your use of the System.

No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Contact Information

If you have any questions, comments, or suggestions, please contact us at https://scooterscoffee.com/Contact.

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