Our Hampton Coffee Company Electronic Gift Card is called the “Hampton Coffee Card.”
The following Hampton Coffee Card Card Agreement describes the terms and conditions that apply to the pre-paid account of your Hampton Coffee Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the Hampton Coffee Card. Part Two contains important legal terms and conditions, including information regarding Hampton Coffee Company's privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to this agreement. By using your Hampton Coffee Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
The Hampton Coffee Card is issued to you by Hampton Coffee Company. It allows you to load a dollar value on to your Hampton Coffee Card for future purchases at participating Hampton Coffee Company cafés. The dollar value that you load onto your Hampton Coffee Card is a pre-payment only for the goods and services of participating Hampton Coffee Company cafés and for online purchases at http://www.hamptoncoffeecompany.com. No credit card, credit line, overdraft protection, or deposit account is associated with a Hampton Coffee Card. Unless otherwise required by law or permitted by this agreement, any amount on your Hampton Coffee Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Hampton Coffee Card will accrue or be paid or credited to you by Hampton Coffee Company. The value associated with the Hampton Coffee Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Not all Hampton Coffee Company café locations accept your Hampton Coffee Card. Certain Hampton Coffee Company-branded locations may not permit you to use the Hampton Coffee Card for payment, including potential airport and bookstore locations. For an up-to-date list of café location that accept the Hampton Coffee Card, visit the “Our Locations” page of our Web site. Any locations which display the Hampton Coffee Card symbol currently accept the Card. We reserve the right not to accept any Hampton Coffee Card or otherwise limit use of a Hampton Coffee Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
You can load a dollar value on the Hampton Coffee Card by using a credit card, debit card, or cash by visiting any participating café. You may not load more than $1000 worth of value to your Hampton Coffee Card. The minimum amount that must be loaded onto your Hampton Coffee Card is $10.00 at participating cafés. Hampton Coffee Company may change the maximum and minimum amounts at any time by notifying you at the point of sale or on the Hampton Coffee Company Web site, and such change shall not constitute an amendment to this agreement.
Hampton Coffee Company does not charge any fees for the issuance, activation, or use of your Hampton Coffee Card and your Hampton Coffee Card has no expiration date.
Cardholders are not sent statements of itemized transactions from a Hampton Coffee Card account. You can check the balance of your Hampton Coffee Card by requesting a Balance Receipt from the cashier at a participating café. You will need to have your Hampton Coffee Card available in order to access your account. The account balance for a Hampton Coffee Card also will appear on your receipt from a point-of-sale register. When you use your Hampton Coffee Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Hampton Coffee Card and will provide the remaining balance of your Hampton Coffee Card. You should keep your receipts to ensure that your account balance is correct. You can also access your balance on this page, above left. You must enter all of the first 9 zeros of your Card.
We reserve the right to correct the balance of your Hampton Coffee Card account 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 dispute any transaction or correction that has been assessed against your Hampton Coffee Card, please call the Hampton Coffee Company office at (631) 726-COFE or e-mail firstname.lastname@example.org. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.Registration; Liability for Unauthorized Transactions
Because your Hampton Coffee Card is used like cash for purchases from Hampton Coffee Company, you are responsible for all transactions associated with your Hampton Coffee Card, including unauthorized transactions.
We collect and use information concerning the Hampton Coffee Card for internal purposes only.
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. We will post the terms to the modified agreement on this page of our Web site. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our Web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Hampton Coffee Card(s). You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Hampton Coffee Card after such notice period. If you do not accept the changes, additions or deletions, your Hampton Coffee Card will be cancelled and any amounts remaining on your Hampton Coffee Card will be refunded to you.
We may suspend or terminate this agreement and revoke or limit any or all of 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 Hampton Coffee Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Hampton Coffee Card account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.
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 FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your use of the Hampton Coffee Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our office to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at http://www.adr.org. 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. Unless you and we agree otherwise, any arbitration will take place in Westhampton Beach, New York, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. 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. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York notwithstanding any conflict of law rules.
HAMPTON COFFEE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HAMPTON COFFEE GOLD CARD, 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. HAMPTON COFFEE COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR HAMPTON COFFEE GOLD CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT HAMPTON COFFEE COMPANY OR ITS 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 HAMPTON COFFEE CARD. HAMPTON COFFEE COMPANY AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) 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 HAMPTON COFFEE COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A HAMPTON COFFEE GOLD 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 jurisdiction 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 jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and Hampton Coffee Company (Hampton Coffee Company, Inc., Jason Belkin Enterprises, Inc., et. al.) and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be 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. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
hamptoncoffeecompany.com, rev. January, 2013.