WEBSITE TERMS OF USE

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Effective Date: April 15, 2025

Introduction

Welcome to Scooter’s Coffee! Scooter’s Coffee, LLC (“we,” “us,” “our,” or “Scooter’s Coffee”) owns and operates https://www.scooterscoffee.com (“Site”) and provides a mobile application (together with all documentation and updates, the “App”). The App is available through the App store and the Google Play store. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use” or “Terms”) apply to your use of our Site, our store at https://www.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 and our Privacy Policy.  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 reserve the right to modify these Terms from time to time, and will post any updates to the Terms on the Site and in the relevant App stores and mark new versions of the Terms with an updated Effective Date.  Your continued use of our System, or any other service provided through the System, means that you accept and agree to any modified Terms of Use.

The Scooter’s Coffee Franchise System

Scooter’s Coffee, LLC is the franchisor of the Scooter’s Coffee franchise system.  The Scooter’s Coffee franchise system is a retail network made up of independently owned and operated Scooter’s Coffee businesses (each a “Franchisee”).  Each Franchisee is solely and independently responsible for its legal and regulatory compliance, for any issues relating to its supply of products to you, and for any employment related matters in the Franchisee.

The System may provide links to job opportunities posted by Scooter’s Coffee, LLC or Franchisees. Job opportunities posted on behalf of Franchisees are with the Franchisee alone and not with us, our parent company, or any of our affiliates. This means that the Franchisee that posted the job opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business.

Your Account

An account created for the Site is separate from an account for the Rewards Program. For information about Rewards Program accounts, navigate here.

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. The System is not intended for individuals 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 selecting the “Delete Account” option within the “Account” page of the mobile app. 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, amend, or replace 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 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 also 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 solely in accordance with these Terms. 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,  fraudulent, invasive of another’s privacy, or 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, hardware, or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.

Through your 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, suppliers, or vendors, 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 anywhere in the text of the System indicating the registration or ownership by Scooter’s Coffee of any trade name, trademark, service mark, or logo used or referenced on the System does not constitute a waiver of our trademark or other intellectual property rights therein.

All other trade names, trademarks, service marks, and logos used and displayed on the Site or App are registered and unregistered trade names, trademarks, service marks, or logos of ours and other parties.  Nothing contained herein or on the Site or App shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade name, trademark, service mark, or logo displayed on the Site or App, without obtaining the prior written permission of its respective owner. Please be 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 obtaining our prior 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’ intellectual property, except as expressly authorized by these Terms.

You have no obligation to provide us any suggestions, comments, improvements, ideas, or other feedback (collectively, “Feedback”) relating to our System.  You understand and agree that, should you elect to provide us any Feedback, then you agree that we may incorporate such Feedback into the System without any obligation, payment, or restriction based on intellectual property rights or otherwise.

Links to Other Websites and Connecting through Social Media

The System may contain links to other websites that are 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 our approval or endorsement of the linked website. 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.

Indemnification

You agree to indemnify, defend, and hold harmless Scooter’s Coffee and its officers, directors, Franchisees, employees, agents, affiliates, and third parties (collectively, the “Scooter’s Coffee Indemnified Parties”), from and against 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, 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, defend, and hold harmless the Scooter’s Coffee Indemnified Parties from and against 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 COFFEE 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.

Text Marketing

By opting into our messaging program, you agree to receive recurring automated promotional and personalized marketing text messages from Scooter's Coffee at the cell number used when signing up.  If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly by visiting Contact Us and select “Mobile App Experience”.  You can cancel the SMS service at any time by texting "STOP."  After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed.  Message frequency varies.  Message and data rates may apply.  Carriers are not liable for delayed or undelivered messages.

Gift Cards

Your digital or physical card value is redeemable for food, beverage or merchandise at any Scooter’s Coffee location. These cards are not redeemable or refundable for cash, except where required by law. Scooter’s Coffee is not responsible for lost, stolen or damaged cards. The resale of gift cards is prohibited. Please be vigilant about gift card scams. Scammers have been known to trick consumers into purchasing gift cards and sending the scammers the codes. No legitimate business or government agency will ever ask you to pay with a gift card. Never purchase gift cards at the request of someone you do not know. Do not purchase gift cards if the packaging is damaged or appears tampered with. If you think you have been the victim of crime, please contact your state consumer affairs department, your state attorney general, or your local law enforcement agency.

Miscellaneous Terms

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

No waiver of any term or condition of these Terms of Use 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 these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 these Terms of Use will continue in full force and effect.

Contact Information

If you have any questions about our Terms of Use, please contact us by visiting Contact Us.

Effective Date: April 15, 2025

Introduction

The Scooter’s Coffee Rewards Program (“Program”) is offered at the sole discretion of Scooter’s Coffee and is subject to the Terms of Use and the terms of our Privacy Policy. In the event of a conflict between these Rewards Program Terms (“Rewards Terms”) and our general Terms of Use, these Rewards Terms will control solely to the extent of the conflict. The Program is accessible through the App after creation of an account as set forth in these Rewards Terms. 

Program Description

The Program is a customer loyalty program that offers eligible customers an opportunity to collect points (“Smiles”) and other benefits (“Rewards”) on an individual basis for their own account that may be redeemed at participating Scooter’s Coffee locations. A member may receive Smiles or Rewards based on their Membership Status through Qualifying Purchases (as described below), by achieving certain Program milestones, or other actions or achievements as determined by Scooter’s Coffee in its sole discretion.

Participation in the Program is personal and non-transferable. An eligible individual may have only one (1) Account for participation in the Program. If we determine, in our sole discretion, that you have multiple accounts, we may suspend or terminate such accounts, and all Smiles and Rewards will be forfeited.

Smiles and Rewards have no cash value and may not be gifted, purchased, sold, bartered, transferred, redeemed for cash or any other credit, and have no value prior to their redemption in accordance with these Rewards Terms. There is no ownership or other property interest in accrued Smiles or Rewards. Use of the word “earn” in these Rewards Terms, marketing material, or within the System shall mean “accumulate” or “collect” and does not mean that Smiles or Rewards have any value until they are presented for redemption.

How to Sign Up

To become a member, you must be eligible for,  and create, an Account in accordance with these Rewards Terms. To participate in the Program, you must meet the eligibility criteria stated in our Terms of Use, including the requirement that you be at least 13 years old. You are responsible for safeguarding your account credentials as described in the ‘Your Account’ section of the Terms of Use. You must also download the App to your Android® or iPhone® and complete the steps for account sign-up or sign-in in the App. The sign-up process will require you to provide certain contact information, including but not limited to: your name, birthday, password, e-mail address, and mobile phone number. The information you use to create your Account must be true and accurate. By providing your email address and mobile phone number during account creation, you consent to receive electronic communications from Scooter’s Coffee related to your Account and the Program. You may opt out of marketing communications at any time, but we reserve the right to continue sending non-promotional messages regarding your Account or transactions while you are a member of the Program. An account you create to participate in the Scooter’s Coffee Reward Program will be separate from an account you create on the Scooter’s Coffee website.

Membership Status

The Program has three membership statuses: Buddy, Bestie, and Ride-Or-Die (each a “Membership Status”). Placement in a Membership Status is based on the number of Qualified Visits (defined below) a member accumulates in their Program Account during a calendar month. Such Membership Status is carried into the immediately following calendar month (e.g., Achieving “Bestie” status on January 15th will qualify for the “Bestie” Membership Status through February 28^th).  A member must meet the required number of Qualified Visits requirements for a Membership Status in subsequent months or that status will not be maintained.  To constitute a new Qualified Visit: 1) such visit must be at least 60 minutes after the prior Qualified Visit; and 2) the final payment of such visit must be more than $0 after all discounts and offers. We reserve the right to change or modify the number of Qualified Visits or other actions required to earn each Membership Status and associated benefits. We also reserve the right to modify the benefits associated with each Membership Status at any time. Membership Statuses and their corresponding required Qualifying Visits are as follows:

• Buddy: Base level
• Bestie: Achieved when you have reached 9 Qualifying Visits in a calendar month
• Ride-or-Die: Achieved when you have reached 15 Qualifying Visits in a calendar month

Smiles and Rewards Collection

You will receive Smiles for a Qualifying Purchase (as defined herein) and transactions at participating Scooter’s Coffee locations. A Qualifying Purchase means a food or beverage purchase at a participating Scooter’s Coffee location that is linked to your Account by: 1) placing and/or completing the order through the App; 2) scanning the digital QR code linked to your account at the time of purchase; or 3) receipt scans in the App (provided such scan occurs during the same month as the date of the Qualifying Purchase).  Qualifying Purchases do not include merchandise purchases, the purchase of any gift card(s), purchases made prior to participation in the Program, purchases that do not comply with these Rewards Terms, delivery fees, gratuity, or taxes.

You collect 5 Smiles for every $1 you spend when you make a Qualifying Purchase through ordering ahead or making payment through the App. You collect 3 Smiles for every $1 you spend when you make a Qualifying Purchase by scanning and paying outside of the App.  Your Membership Status qualifies you for additional bonus Smiles when making a Qualifying Purchase:

• Bestie: 10 bonus Smiles per Qualifying Purchase
• Ride-Or-Die: 15 bonus Smiles per Qualifying Purchase

Bonus Smiles earned via Membership Status are capped at 35 Qualified Visits per month. We may run special promotions from time to time that award bonus Smiles or additional Rewards and those promotions may have additional exclusions or requirements. Please note that when achieving a new Status, the bonus Smiles associated with that new Status shall not begin until your next Qualifying Visit.

You will receive birthday Smiles one (1) day before the birthday you have listed in your Account (if you create an Account on your birthday then you may receive Smiles within 24-48 hours after this date). You must make one purchase within the last year to qualify for the birthday reward. Your birthday Smiles amount will be dependent on the highest Membership Status you have received in the six (6) months prior to your birthday month:

• Buddy: 200 Smiles
• Bestie: 300 Smiles
• Ride-or-Die: 400 Smiles

Redeeming Smiles and Rewards

You may redeem your Smiles for Rewards in the App by choosing the “Rewards” tab in the App, selecting an item for redemption, and confirming the selection via the “Redeem” button. When you redeem Smiles, the oldest available Smiles are used first. Smiles accrued by a member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction.

When you select a Reward, the number of Smiles required to redeem the Reward will be deducted from your total collected Smiles. A Reward that is selected but not redeemed at a location will automatically convert back to Smiles after 30 days (and those Smiles will have their original expiration date). You can also manually revert a Reward back to Smiles at any time, so long as that Reward has not expired. Rewards may have set terms and expire in accordance with the terms stated for that Reward. In limited circumstances in our sole discretion, we may restore Smiles to a member account if we determine that a reward requested is unavailable or cannot be fulfilled. We may also limit the availability or redemption of specific Rewards in various ways, including by quantity, date, or Membership Status. Should we determine in our sole discretion that Smiles redemption or Reward selection and redemption does not comply with these terms or otherwise constitutes fraud, we may terminate or suspend your Account and refuse to redeem Smiles or Rewards.

Expiration of Smiles and Rewards

Smiles earned through a Qualifying Purchase are automatically added to your Account within approximately 24 hours of such purchase and remain active for 182 days from the original date earned. Smiles automatically expire at approximately 11:59 PM Central Time on the 182nd day after the date you earned those Smiles. For example, Smiles you collected on July 2, 2025 will expire on December 31, 2025 at 11:59 PM Central Time. Smiles will not be added back to your account if you do not redeem those Smiles for a Reward prior to their expiration. You can confirm your current Smiles balance on the App by navigating to the top of the “Rewards” tab and locating the Smiles at the top of the screen. To see Smiles expiration dates, select “View History” near the Smiles balance on this screen to see Smiles Earned and expiration dates. We have no obligation to and shall not compensate you for any unredeemed or expired Smiles or Rewards.

Unredeemed Smiles and Rewards expire upon the cancellation or termination of your Account, as detailed below. Unless otherwise stipulated in a special Program promotion or offer, in which case the terms of that special promotion or offer will control, Smiles or Rewards that you collect by participating in special promotions or offers are subject to the terms set forth in these Rewards Terms. We reserve the right to discontinue a promotion at any time without further obligation to you.

Termination of Your Account; Modification of the Program

You may discontinue your participation in the Program or cancel your Account for any reason by navigating to your Account page in the App and selecting “Delete Account.” We also reserve the right to suspend or terminate your Account if: 1) you have violated these Rewards Terms, our Terms of Use or applicable law in our sole discretion; 2) you have not made a purchase or engaged in an activity for which you receive Smiles within your Account within three (3) years after your initial Account creation or the last recorded purchase or activity; or 3) you have otherwise acted in a manner harmful to Scooter’s Coffee or any of our independently owned and operated locations or such locations’ employees. Any cancellation or termination of your Account will result in the cancellation of all member benefits, Smiles, Rewards, and Membership Status. You will not be compensated for termination of your Account regardless of whether you have unredeemed Smiles or Rewards. If you re-enroll at a future date, you will start at the introductory Membership Status.

Scooter’s Coffee reserves the right to change, modify, or terminate the Program, or any or all benefits existing as part of the Program, at any time and for any reason. Scooter’s Coffee may modify or discontinue the Membership Status, the calculation of how Smiles or Rewards are awarded, received or redeemed, or the expiration or redemption of Smiles without any compensation to you.

If we should decide to terminate or modify the Program in a material way, including the calculation of any benefits, Smiles, or Rewards, we will provide notice of the material change or termination by posting the relevant information in the System (including the App) or via an electronic communication to the contact information we have for the Account. We may also update these Rewards Terms and update the “Last Updated” date. Please review these Rewards Terms regularly for modifications.

Integration with Terms of Use

All disclaimers, limitations of liability, and other provisions in our website Terms of Use—including those under ‘Warranty and Limitation of Liability’—apply to your participation in the Program and are incorporated into these Rewards Terms. Scooter’s Coffee, LLC, its affiliates, and Franchisees assume no liability for any technical issues, Smiles errors, or other Program-related matters, except as expressly stated in these Program Terms.

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS BY REQUIRING YOU TO ARBITRATE DISPUTES WITH SCOOTER’S COFFEE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS PORTION OF THE REWARDS TERMS SHALL BE REFERENCED AS THE “ARBITRATION AGREEMENT.”

Arbitration is a form of private dispute resolution that replaces your right to bring actions in court before a judge and a jury and/or join a lawsuit brought by others (including a class action). By accepting these Rewards Terms, you waive the right to litigate claims, including the right to a court trial or jury trial. In arbitration, there is no judge or jury, and a court’s ability to review the arbitrator’s decision is limited. However, the arbitrator must honor these Rewards Terms and may award the same damages or relief as a court, including attorneys’ fees if applicable.

Individualized Dispute Resolution and Arbitration

YOU AND WE AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF THE PROGRAM, THESE REWARDS TERMS, OUR PRIVACY POLICY, OR DATA SECURITY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”) SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AS A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT.

Initial Claim Resolution

You agree that before pursuing other remedies, you will give us an opportunity to resolve your Dispute by sending us a written notice (“Notice of Dispute”) detailing: 1) your name; 2) your postal address; 3) the email address and telephone number associated with your Account, if applicable; 4) a description of your dispute along with any relevant documentation; and 5)  a good faith calculation of the damages you claim to have suffered as a result of the Dispute. Your Notice of Dispute must be signed by you, though you may be represented by an attorney or other advisor. If you choose to be represented by an attorney or other advisor, you must also send a written and signed authorization allowing us to discuss the Notice of Dispute with that individual.

Following the Notice of Dispute, you and we will engage in good faith efforts to resolve the Dispute for a minimum of sixty (60) days. You agree that you will not take further legal action, including a demand for arbitration, until this time period expires. If we are unable to resolve the Dispute within 60 days despite good faith efforts, then either you or we may start arbitration or small claims proceedings.

Arbitration Process

The arbitration of the Dispute will be conducted before a single arbitrator with the AAA (“the Arbitrator”) and under the AAA Consumer Arbitration Rules available at www.adr.org or 1-800-779-7879. If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside.  If you are a business or legal entity other than an individual, then the arbitration will be held in Omaha, Nebraska. We each also agree that the Arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

Payment of Arbitration Fees/Costs

Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. We will pay all arbitration filing fees and hearing fees and any Arbitrator’s hearing fees, costs, and expenses upon your written request to the Arbitrator given at or before the first hearing in the arbitration, and subject to the restrictions set forth in the following paragraph. You are responsible for all other costs and fees, including attorneys or expert witnesses.

Arbitration Award

The Arbitrator will award any relief on an individual basis that would be available in court or under applicable law, including injunctive or declaratory relief and attorneys’ fees. The Arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided under applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. If the Arbitrator’s findings indicate that the substance of your claim was frivolous or that your claim was brought for an improper purpose under the relevant roles of Civil Procedure, then we will not reimburse your initial filing fees and may seek an award of our legal fees and costs against you and/or your counsel. Further, you and we agree that the Arbitrator may award fees or sanctions against you and your counsel.

Class Action Waiver

YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY AND ON YOUR OWN BEHALF, AND NOT IN A PURPORTED CLASS OR JOINED TO INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

If, in a dispute between you and us, a court or arbitrator rules that any provision of this Arbitration Agreement cannot be enforced for a particular claim, remedy, or request for relief, the remainder of the Arbitration Agreement will remain in effect. However, if the Class Action Waiver is deemed invalid or unenforceable, then this entire Arbitration Agreement (except for this sentence) will not apply to that specific claim, remedy, or request for relief. It will still apply to all other claims, remedies, and requests for relief asserted by either party in that or any other proceeding.

In such circumstances, both you and we agree to arbitrate all claims, remedies, and requests for relief that are subject to individual arbitration first. Any other unresolved issues may then be brought before a court, but only after the arbitrator issues an award. For those later court proceedings, the arbitrator’s findings of fact are not entitled to any special deference.