Terms & Conditions
Effective Date: September 15, 2022
Last Reviewed on: September 28, 2022
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
Welcome to the Thrive Food Services Group, LLC dba Noble Ground Coffee (“Noble Ground Coffee”) Website. The following Terms of Service (“Terms”) are a legal agreement between Noble Ground Coffee and you, the user (“You” or “Your” or “Yourself”) related to the Noble Ground Coffee Website.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION OR MASS ARBITRATION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE. CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
Noble Ground Coffee is committed to making the Site (as defined below) accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read the Accessibility Policy for more information. If you have difficulty accessing any content, feature or functionality of the Site, please contact us.
Table of Contents
- Acceptance of Terms
- Description of Service
- Registration & Accounts
- Right of Refusal & Conduct
- Cancellation and Termination
- Modifications to Service
- User Content
- Purchase and Sale Transactions
- Copyright and DMCA
- Noble Ground Coffee’s Communications, Proprietary Rights and Limited License
- Resale of Service
- Indemnity, Release of Liability
- Disclaimer of Warranties
- Limitation of Liability
- Exclusions and Limitations
- Disputes, Arbitration & Class Action Waiver
- Terms For Users in Certain Jurisdictions
- Changes to these Terms
- Contact Us
1. ACCEPTANCE OF TERMS
By accessing or using the Noble Ground Coffee Website (www.noblegroundcoffee.com) or the mobile version thereof (together, the “Site”), or by accessing or using a service provided by the Site (the “Service”), You signify that You have read, understand and agree to be bound by these Terms of Service (“Terms”), whether or not You have a registered account with Noble Ground Coffee. You also agree to and accept Noble Ground Coffee’s Shipping and Return Policy, which describes Your rights and obligations in relation to shipping and return of any goods sold via this Site, and the Refund Policy, which describes the conditions that must be met to receive a refund. The Shipping and Return Policy and Refund Policy are incorporated by reference into these Terms.
Use of the Site is limited to persons over the age of eighteen (18) who are residents of the United States. The Site is not directed to persons under 18 years old, and Noble Ground Coffee does NOT knowingly collect any personal information from persons under age 18, including any “individually identifiable information” as defined by the Children’s Online Privacy Protection Act (COPPA). If You are under 18, You should leave the Site without providing any information about Yourself. By accessing or using the Site or its Services, You represent and warrant that You are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian for Your use of the Site and its Services.
By accessing or using the Site, or the mobile version thereof, or by accessing or using a Service, You signify that You have read, understand and agree to be bound by these Terms, that You are of a legal age, or have obtained proper consent from a parent or legal guardian, to form a binding contract with us, and that You have the authority to enter into these Terms, whether or not You have a registered account with Noble Ground Coffee.
2. DESCRIPTION OF SERVICE
The Service is an online platform that allows users to view and purchase coffee and retail merchandise from Noble Ground Coffee. You will have access to view and purchase items possessed by Noble Ground Coffee and sold from its locations in Arizona. Items sold via the Service may only be purchased by users located in, and shipped to locations within, the United States.
3. REGISTRATION & ACCOUNTS
In order to have full access to Noble Ground Coffee’s Service, You must activate an account which completes Your registration for the Service. You may register and activate an account with Noble Ground Coffee directly or through an authorized third-party service (a “TPS”). By enabling TPS access, You are consenting to Noble Ground Coffee passing Your login information to the relevant TPS for this purpose. You are also consenting to Noble Ground Coffee accessing, making available, and storing information or content, or other materials that You have provided to or stored in Your TPS account. You may revoke Noble Ground Coffee’s access to any TPS at any time by disconnecting Your TPS account from Your Noble Ground Coffee account.
You agree that Noble Ground Coffee may for any reason, in its sole discretion and without liability to You, refuse to accept a registration and also may delete a registration, terminate an account and/or cancel the Service at any time without refund for any Service previously rendered and paid for (although Noble Ground Coffee currently does not charge for the Service, it reserves the right to later).
You must provide Noble Ground Coffee with valid names for You, Your address, telephone number and any email address. You will be prompted to choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) ensure that You exit from Your account at the end of each session, and (b) immediately notify Noble Ground Coffee in writing of any unauthorized use of Your password or account or any other breach of security. NOBLE GROUND COFFEE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Noble Ground Coffee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Noble Ground Coffee has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree that no agency, partnership, joint venture, employer-employee, franchisor-franchisee, or fiduciary relationship is intended or created by these Terms, or by Your use of the Site or Services thereon.
4. RIGHT OF REFUSAL & CONDUCT
You agree that Noble Ground Coffee, in its sole discretion, and without liability to You, may refuse to accept a request for registration. Noble Ground Coffee also may cancel Your registration and/or account if is it is being used, as determined by Noble Ground Coffee in its sole discretion, in association with violations of this agreement, illegal, inappropriate or objectionable activities. In the event Noble Ground Coffee refuses registration or deletes an existing registration due to objectionable activities, no refund will be issued
You agree that you will not use the Service to:
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- infringe upon an intellectual property right of another;
- attempt to reverse engineer any software that is part of the Service;
- violate o or attempt to violate, another’s privacy or right or publicity;
- engage in activities designed to defame, embarrass, harm, abuse, threaten, slander or harass Noble Ground Coffee, other users and/or third parties;
- engage in activities prohibited by the laws of the United States and/or foreign territories in which You or Noble Ground Coffee conduct business;
- engage in activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, inappropriate, racial, or otherwise objectionable; and
- engage in activities designed to harm or use unethically minors in any way.
- use the Service as a forwarding service to another website;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or
- make any automated use of the system.
If any user is reported to be in violation of the letter or spirit of this Section, Noble Ground Coffee retains the right to terminate such account at any time without further warning.
5. CANCELLATION AND TERMINATION
Termination of the Terms: The Site and these Terms are in effect until terminated by you or Noble Ground Coffee. You may terminate these Terms by providing written notice of termination, including your detailed contact information and your account information, to us using the information in the Contact Us section.
Noble Ground Coffee may terminate these Terms by notifying you using any contact information in its possession or by posting such termination on the Site. If for any reason, including and without limitation, the lack of use, or our unilateral determination that You violated or acted inconsistently with the letter or spirit of the Terms, Noble Ground Coffee may cancel the Service and Your access to the Site. You agree that any termination of Your access to the Service under any provision of these Terms may be affected without prior notice. Noble Ground Coffee reserves the right to bar any further access to such files or the Service.
Upon any such termination, (i) you will immediately cease all use of and access to Site and the Service; (ii) Noble Ground Coffee may delete or disable access to any of your User Content at any time; and (iii) Noble Ground Coffee may, in its sole discretion and without liability to You, terminate Your password, and/or account, and remove and discard any content within the Service. Even after the termination of these Terms or of your account or access to the Site, any User Content you have posted or submitted may remain on the Site indefinitely. You agree that if your use of Site or the Service is terminated pursuant to these Terms, you will not attempt to use the Site or the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Noble Coffee harmless from any and all liability that it may incur therefore. Your use of the Site and/or the Service after termination will be a violation of this Section, which survives any termination. You agree that Noble Ground Coffee shall not be liable to You or any third party for any termination of Your access to the Service.
The provisions of these Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
6. MODIFICATIONS TO SERVICE
Noble Ground Coffee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Noble Ground Coffee shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Moreover, Noble Ground Coffee may update the software from time to time with new versions, bug fixes, etc. and You agree that in order to continue to use the Service, Your computer equipment must be able to properly operate the software with any updates and You agree to use the updated software.
7. USER CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Noble Ground Coffee, are entirely responsible for all Content that You make available via the Service (“User Content”). You shall be solely liable for any damages resulting from any harm resulting from such User Content, and any infringement of copyright, trademark, proprietary rights or any other harm resulting from such User Content.
8. PURCHASE AND SALE TRANSACTIONS
In order to make a purchase via the Site, You must have a valid payment method on file with Noble Ground Coffee. In the event You are using a third-party service for payment, You agree to the third-party terms. You are responsible for paying all fees and applicable taxes associated with the Services. If Your payment method fails or Your account is past due, Noble Ground Coffee may collect fees owed using other collection mechanisms including, but not limited to, charging a portion of the total owed amount, charging other payment methods on file with it, or retaining collection agencies.
Noble Ground Coffee’s inventory availability is subject to change at any time without notice. All features, content, specifications, products and prices of products and Services described or depicted on the Site are subject to change at any time without notice. Noble Ground Coffee reserves the right to determine and change pricing of any product on the Site prior to its purchase.
All product descriptions provided by Noble Ground Coffee are approximate and are provided for convenience only. Noble Ground Coffee does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Noble Ground Coffee has made best efforts to display as accurately as possible the selection, colors, styles and quality of its products. Noble Ground Coffee cannot guarantee that Your computer monitor’s display of any color or style will be accurate. If a product sold via the Site is not as described, Your sole remedy is to return it in an unused condition, pursuant to the Shipping and Return Policy and the Refund Policy.
By purchasing through www.noblegroundcoffee.com, You agree You read the entirety of the item description and understand You are purchasing the item or items “as is.”
9. COPYRIGHT AND DMCA
Noble Ground Coffee respects the intellectual property rights of others and it prohibits users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another party’s intellectual property rights. When Noble Ground Coffee receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to the Designated Agent identified below.
If You believe that Your own copyrighted work is accessible on the Website or Service in violation of Your copyrights, You may provide Noble Ground Coffee’s Designated Agent (information below) with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Noble Ground Coffee can locate the material.
- Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes Your copyright described above.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
- Include Your name, mailing address, telephone number and email address.
You may send Your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail or email as set forth below:
Designated Agent: Thrive Legal Department
Thrive Services Group Inc.
2355 E. Camelback Rd., Suite 320
Phoenix, AZ 85016
The Site and its related software are subject to copyright protection. Noble Ground Coffee also owns or has the rights to use various trademarks including, but not limited to: Noble Ground Coffee, Noble Ground, Thrive Services Group, and Thrive Food Services Group. You agree to not use these trademarks or any mark which is confusingly similar to these trademarks provide any goods or services, to register any domain name that incorporates these trademarks or confusingly similar terms or to create any social media pages using these trademarks as source identifiers.
10. NOBLE GROUND COFFEE’S COMMUNICATIONS, PROPRIETARY RIGHTS AND LIMITED LICENSE
You acknowledge and agree that the Service and software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Noble Ground Coffee or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of interest in any such Software. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Noble Ground Coffee or its advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
All content on the Site and available through the Service, (the “Site Content”), are the proprietary property of Noble Ground Coffee or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Noble Ground Coffee’s prior written permission.
Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Except for User Content, You may not upload or republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
11. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Site or the Service, use of the Site or Service, or access to the Site or Service, without the express written permission by Noble Ground Coffee.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Noble Ground Coffee has no control over and does not monitor such sites and resources. You acknowledge and agree that Noble Ground Coffee is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Noble Ground Coffee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. INDEMNITY, RELEASE OF LIABILITY
You agree to indemnify and hold Noble Ground Coffee and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of the Service, Your connection to the Service, Your violation of the Terms, or Your violation of any rights of another, whether You are a registered user or not. You are responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor.”
If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE SITE AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOBLE GROUND COFFEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOBLE GROUND COFFEE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, IT IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. NOBLE GROUND COFFEE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOBLE GROUND COFFEE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOBLE GROUND COFFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT NOBLE GROUND COFFEE SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO NOBLE GROUND COFFEE WHICH MAY BE ZERO DOLLARS.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITIES ABOVE MAY NOT APPLY TO YOU.
17. DISPUTES, ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Class Action Waiver: YOU AND NOBLE GROUND COFFEE AGREE THAT ANY CLAIMS OR ARBITRATION RELATED TO THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR NOBLE GROUND COFFEE’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ARBITRATION. Further, unless both you and Noble Ground Coffee agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 2355 E. Camelback Rd., Suite 320 Phoenix, AZ 85016. If Noble Ground Coffee initiates arbitration, Noble Ground Coffee will send a written Notice to an email address you have previously provided to us, if available. Noble Ground Coffee may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and Noble Ground Coffee do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Noble Ground Coffee may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after Noble Ground Coffee receives Notice that you have commenced arbitration, Noble Ground Coffee will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, Noble Ground Coffee agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least US$100 greater than our last documented settlement offer, Noble Ground Coffee will pay your awarded damages or US$2,500, whichever is greater (the “Award”).
Coordinated Proceedings: If 20 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Noble Ground Coffee shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Noble Ground Coffee. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules.
Injunctive Relief: Notwithstanding the foregoing, you and Noble Ground Coffee both agree that you or Noble Ground Coffee may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizona, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
18. TERMS FOR USERS IN CERTAIN JURISDICTIONS
The following terms apply to users that are residents of certain jurisdictions:
New Jersey Users: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Indemnity, Release of Liability; (b) Disclaimer of Warranties; (c) Limitation of Liability; and (d) under the Disputes, Arbitration & Class Action Waiver provision, the Arbitration and Class Action Waiver and the Governing Law sub-provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Users: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notices to You may be made via email, regular mail or internal notification mechanism. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Service. The failure of Noble Ground Coffee to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between You and Noble Ground Coffee and govern Your use of the Site and Service, superseding any prior agreements between You and Noble Ground Coffee (including, but not limited to, any prior versions of the Terms).
In addition to the other policies described in and incorporated into these Terms by reference, You also may be subject to additional terms and conditions that may apply when You use affiliate or other services provided by Noble Ground Coffee, third-party content or third-party software.
If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
20. CHANGES TO THESE TERMS
Noble Ground Coffee reserves the right to update and change these Terms from time to time. Noble Ground Coffee may not explicitly notify You of changes and as such, encourages You to review these Terms from time to time as it is Your responsibility to regularly check this page to determine if there have been changes to these Terms and to review such changes. Your continued use of this Site or Service after any such change constitutes Your acceptance of the new Terms.
21. CONTACT US
Please contact Noble Ground Coffee at the address below if you have any questions about the Site or Service, or to report any violations of these Terms.
Thrive Services Group Inc.
2355 E. Camelback Rd., Suite 320
Phoenix, AZ 85016