This BIGGBY® Loyalty Program Agreement (“Agreement”) is between you and Global Orange Development, LLC (“us,” “we,” “our,” or “Company”) and describes the terms and conditions that apply to your physical BIGGBY® card, digital BIGGBY® card, BIGGBY® Apps for iOS and Android, B Happy Lounge, and other BIGGBY® COFFEE provided services and benefits (“Loyalty Program”). By buying, loading or using your physical or digital BIGGBY® Card or BIGGBY® Gift Card, you agree to these terms. You are also subject to our website Terms of Service https://bgbdotcom.wpenginepowered.com/terms-of-service/ and its Privacy Policy found at https://bgbdotcom.wpenginepowered.com/privacy-policy/.

This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to the Loyalty Program by electronic means, including posting such materials online at https://bgbdotcom.wpenginepowered.com/loyalty-terms-of.

General Terms

BIGGBY® Cards are good towards the purchase of BIGGBY® COFFEE products or services at participating BIGGBY® COFFEE locations or BIGGBY® COFFEE websites. Your BIGGBY® Card has no expiration date and no management fees apply. BIGGBY® Cards cannot be redeemed for cash, check or credit unless required by law. To check the balance of your card:

• Register, login, and add your card to your account at https://www.my.biggby.com/;
• Visit a participating BIGGBY® COFFEE location and ask the barista to check your balance; or,
• Call 866-444-3909.

BIGGBY® Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use BIGGBY® Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Registering Your Card

To register your BIGGBY® Card, please visit https://www.my.biggby.com. We encourage you to register your BIGGBY® Card as soon as you receive it to be eligible for all program benefits, including replacement cards, in the case that you lose or stolen.

When registering your BIGGBY® Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have provided inaccurate information, we may, in our sole discretion, disable your BIGGBY® Card. If you believe your BIGGBY® Card has been disabled in error, please call 866-444-3909 or email feedback@biggby.com.

BIGGBY® cares about your privacy. Treat your BIGGBY® Card as you would any credit or debit card and do not disclose your BIGGBY® Card information to anyone. You are responsible for maintaining the security and confidentiality of the information on your BIGGBY® Card. If your BIGGBY® Card or BIGGBY® Card information is lost or stolen, anyone who obtains possession of either may use your Card. You will be responsible for all transactions on your BIGGBY® Card, including unauthorized transactions.

If your registered BIGGBY® Card becomes lost, stolen, or damaged, contact us immediately by calling 866-444-3909 or emailing feedback@biggby.com. Your registered BIGGBY® Card balance is protected from the time you notify us. We will freeze the remaining balance on your BIGGBY® Card at the time you notify us and will load that remaining balance on a replacement BIGGBY® Card.

About the BIGGBY® Loyalty Program

We also use BIGGBY® Cards count beverages purchased and to deliver frequency rewards. Loyalty Program details can be found at https://www.my.biggby.com/; or calling 866-444-3909.

About Your BIGGBY® Card Account

We issue the BIGGBY® Card to you so you can load a dollar value onto your BIGGBY® Card for use at participating BIGGBY® stores. The dollar value that you load onto your BIGGBY® Card is a prepayment for the goods and services at those participating stores. The value on your BIGGBY® Card is not insured by any entity, including the Federal Deposit Insurance Corporation (FDIC). Your BIGGBY® Card will not earn interest. We will not send you statements of activity on your BIGGBY® Card.

Loading Value on Your Card

You can load value on your BIGGBY® Card by visiting any participating store or by going online to https://my.biggby.com/.

There is a minimum amount that you may load on any BIGGBY Card at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you. All amounts loaded onto your BIGGBY Card are denominated in US dollars.

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs (“Promotions”) associated with the BIGGBY® Loyalty program. Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

Billing Errors, Corrections

We will correct the balance of your BIGGBY® Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your BIGGBY® Card, please call 866-444-3909. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

Fraud Associated with Your BIGGBY® Card or Card Balance

BIGGBY® does not control who may sell preloaded BIGGBY® Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, BIGGBY® has no liability to you for any third-party fraud or unlawful activity associated with any BIGGBY® Card balance. If BIGGBY® discovers any BIGGBY® Card or BIGGBY® Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted BIGGBY® Cards and retain all related BIGGBY® Card balances without notice to you. We may use retained BIGGBY® Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load BIGGBY® Cards.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at https://bgbdotcom.wpenginepowered.com/terms-of-service/.

Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the BIGGBY® Card including your failure to provide valid information.

If we terminate this Agreement without cause, we may issue store credit equal to the balance on your cancelled BIGGBY® Card(s), less any amounts that you may owe us.

Arbitration

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

Binding Arbitration

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement, your BIGGBY® Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the BIGGBY® Card and your relationship with BIGGBY® or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out

Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: 2501 Coolidge Road, STE 302, East Lansing, MI 48823. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures

For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of JAMS, including JAMS Rules and the JAMS Policy on Consumer Arbitrations (as applicable), as modified by this Agreement. The JAMs Rules and information about arbitration and fees are available online at https://www.jamsadr.com/adr-rules-procedures/. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration

Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $250 filing fee. We will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

No Class Actions

You agree that any conflict related to Global Orange Development, LLC, including the BIGGBY® Card, you will seek arbitration on an individual basis only. Neither Global Orange Development, LLC nor you are entitled to arbitrate any dispute as a class, representative, or private attorney general basis.

Waiver of Jury Trial

You and we agree to waive our constitutional and statutory rights to go to court and have a trial in front of a judge or jury. All disputes will be resolved in arbitration. You and we waive all right to a jury trial and agree that any dispute will be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Governing Law – Michigan

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

We and our affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the BIGGBY® Loyalty Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. We do not represent or warrant that your BIGGBY® Cards will always be accessible or accepted.

In the event that we or our affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your BIGGBY® Card. We and our affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall we or our affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a BIGGBY® Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and us, and supersedes and merges all prior proposals and all other agreements governing your BIGGBY® Card (not including the Privacy Policy, https://bgbdotcom.wpenginepowered.com/privacy-policy/, or the Terms of Use https://bgbdotcom.wpenginepowered.com/terms-of-service/). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Inquiries or Questions

If you have any questions regarding this Agreement or your BIGGBY® Card, please visit our website at https://bgbdotcom.wpenginepowered.com/feedback/ or call 866-444-3909.