WELCOME TO JAMBA. THE JAMBA TERMS AND CONDITIONS AND POLICIES IDENTIFIED BELOW, AS UPDATED FROM TIME TO TIME,
(COLLECTIVELY THE “TERMS”>) GOVERN YOUR ACCESS AND USE OF ALL OR PART OF THE JAMBA ONLINE
SERVICES
(AS DEFINED IN THE
JAMBA TERMS AND CONDITIONS OF USE). BY DOWNLOADING, USING, OR VISITING ANY OF THE JAMBA ONLINE
SERVICES, YOU AFFIRM
THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY
POLICY . IF YOU DO NOT
AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE JAMBA
ONLINE SERVICES. “Jamba” includes Jamba Juice Franchisor SPV LLC and any of its parents, affiliates, or
subsidiaries
and each of their respective members, officers, directors, and employees. When used in these Terms, “Jamba,”
“we,”
“us,” or “our” refers to Jamba.
We may change or modify some or all these Terms from time to time and will post the updated Terms with an
“Updated
as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting
of
the changes or modifications, and you waive any right you may have to receive specific notice of such changes or
modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of
such changes or modifications. Your continued access to, use of and/or participation in the Jamba Online
Services
after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you
should frequently review these Terms to understand the terms and conditions that apply to your access to, use of
and/or participation in the Jamba Online Services. If you do not agree to the changed or modified Terms, then do
not
use the Jamba Online Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND OTHER
CLAUSES,
WHICH
GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, EXCEPT WHERE PROHIBITED
BY
APPLICABLE LAW.
APPLICABLE TERMS AND CONDITIONS:
Jamba Terms and Conditions of Use
My Jamba Rewards Program & Jamba App Terms and Conditions
User Generated Content Terms and Conditions
OTHER IMPORTANT POLICIES:
California Privacy Poicy (for California Residents)
Updated as of April 1, 2021
These Jamba Terms and Conditions of Use (“Terms of Use”) contain an arbitration agreement and class action waiver that apply to all claims brought against Jamba. Please read them carefully. Please click HERE to review the “Dispute Resolution and Mandatory Arbitration; Class Action Waiver” section.
These Terms of Use are a binding legal agreement between you and Jamba (as defined below) and govern your use of the website located at www.jamba.com and any other Jamba-related website (each a “Site” and collectively the “Sites”) or mobile application (each an “App” and collectively, the “Apps”) owned or operated by Jamba Juice Franchisor SPV LLC or any of its parents, affiliates or subsidiaries and each of their respective members, officers, directors and employees (collectively, “Jamba”) or operated on behalf of Jamba, and the materials, software, and content available on or through such Sites and Apps, and the products, programs, and services available on or through such Sites or Apps that link to these Terms of Use (each a “Service” and collectively, the “Services”) (collectively, the “Jamba Online Services”). When used in these Terms of Use, “Jamba,” “we,” “us,” or “our” refers to Jamba.
Your use of the Jamba Online Services confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Jamba Online Services. Before using the Jamba Online Services, please review the related Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.
By using the Jamba Online Services, you acknowledge and accept without limitation or qualification, these Terms of Use, the terms and conditions for each Site, App and/or Service, our User Generated Content Terms and Conditions, our Cookie Policy, our Privacy Policy and our California Privacy Policy (for California residents), each of which is incorporated herein by reference and form part of your agreement with Jamba.
Jamba grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Jamba Online Services and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation or use of the Jamba Online Services by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.
The Jamba Online Services are intended solely for users thirteen (13) years of age and older. You represent and warrant that you are thirteen (13) years of age or older. Any person who is a minor in their jurisdiction of residence must have their parent or legal guardian’s consent to access the Jamba Online Services.
Jamba may modify change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Jamba Online Services or these Terms of Use, in whole or in part, at any time. For changes to these Terms of Use that we deem material, we will post the revised Terms of Use on the Site and update the “Updated as of” date at the top of these Terms of Use. If you disagree with the revised Terms of Use, you may terminate this agreement immediately as provided in these Terms of Use. If you do not terminate your agreement before the date the revised Terms of Use become effective, your continued access to or use of the Jamba Online Services, in whole or in part, will constitute acceptance of the revised Terms of Use.
The Jamba Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. If you decide to leave the Jamba Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
The Jamba Online Services, and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Jamba Online Services (other than and except for “User Generated Content” (as defined herein)) are owned by or licensed by Jamba or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by Jamba, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the Jamba Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Jamba or such third party that may own the Material or intellectual property displayed on the Jamba Online Services. Jamba may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites and Apps, including the framing of Sites and Apps by sites or site elements controlled by third parties, is strictly prohibited.
As a condition of your use of the Jamba Online Services, you warrant to Jamba that you will not use the Jamba Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jamba Online Services in any manner which could damage, disable, overburden, or impair the Jamba Online Services or interfere with any other party's use and enjoyment of the Jamba Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Jamba Online Services.
You need not register with Jamba to simply visit and view the Sites or App and use many of the Services available on the Sites or App. However, Jamba may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain Services and materials offered on and through the Sites and Apps, including, without limitation, the My Jamba Rewards program. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites and Apps, including, without limitation, the My Jamba Rewards program. You agree that you will not provide any false personal information to the Sites or Apps or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). Jamba shall have the right to approve or reject any requested account, in Jamba’s discretion. If your account is approved, you will be permitted to log in to the applicable Site, App or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.
The Sites and Apps may contain bulletin board services, chat areas, news groups, forums, communities, guest satisfaction surveys, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Jamba, the public at large, or within a group (collectively, "Communication Services"). As used in these Terms of Use, the term Jamba Online Services shall include Communication Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Jamba through the Sites and Apps, via the Communication Services or otherwise (each, a "Submission"), will forever be the property of Jamba, except as otherwise expressly stated by Jamba in connection with a specific Submission. Jamba will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Jamba have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by Jamba in connection with a specific Submission, anything you transmit or post becomes the property of Jamba and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. Jamba is under no obligation to post or use any Submission you may provide and may, in Jamba sole discretion, remove any Submission at any time, for any reason, without notice to you.
Jamba may from time to time monitor Submissions on the Sites, Apps and Communication Services; however, Jamba is under no obligation to do so. Jamba assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Jamba will fully cooperate with any law enforcement authorities or court order requesting or directing Jamba to disclose the identity of anyone posting any such information or materials.
When using the Jamba Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
Jamba has no obligation to monitor, police, or remove any Submissions. However, Jamba reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Jamba reserves the right to terminate your access to any or all the Jamba Online Services at any time without notice for any reason whatsoever.
Jamba reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Jamba sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children on or through the Jamba Online Services. Jamba does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Jamba specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Jamba spokespersons, and their views do not necessarily reflect those of Jamba.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Any content you post to our Sites, Apps or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates these Terms of Use, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in our Privacy Policy. All User Generated Content is subject to these Terms of Use, our Privacy Policy, our California Privacy Policy (for California residents), and the User Generated Content Terms and Conditions.
Jamba and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Jamba or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Jamba products or marketing strategies might seem like ideas submitted to Jamba. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Jamba, without any compensation to you; (2) Jamba may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Jamba to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
From time to time, Jamba may offer sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the Jamba Online Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
When using the Sites, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Guidelines”). All these Guidelines are hereby incorporated by reference into these Terms of Use.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Jamba Online Services for any commercial purpose.
Jamba welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on Jamba existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. Jamba shall be free to use such information on an unrestricted basis.
Jamba operates the Jamba Online Services in the United States. We provide the Jamba Online Services for use only by persons located in the United States. Jamba makes no representation that the Jamba Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and Apps and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the United States. If you access the Jamba Online Services from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Except as described otherwise, all materials in the Jamba Online Services are made available only to provide information about Jamba or Jamba’s affiliate or subsidiary. Jamba, or its designee, controls and operates the Jamba Online Services from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Jamba Online Services from other locations, you are responsible for compliance with applicable local laws.
JAMBA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES OR APPS 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.
JAMBA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE PROVIDE THE JAMBA ONLINE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE, (A) JAMBA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) JAMBA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES; (C) JAMBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) JAMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JAMBA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATURORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUROILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Sites and Apps contain downloadable materials as well as links to external websites. Jamba is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by Jamba of the websites. You understand that Jamba cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
Jamba will not be liable for any damages or injury caused by the Jamba Online Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JAMBA AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE JAMBA ONLINE SERVICES, WITH THE DELAY OR INABILITY TO USE THE JAMBA ONLINE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE JAMBA ONLINE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE JAMBA ONLINE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF JAMBA OR ANY OF ITS SUPPLIERS HAS 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 JAMBA ONLINE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JAMBA ONLINE SERVICES.
Neither jamba (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the JAMBA ONLINE services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms OF USE, (ii) the use of or inability to use the JAMBA ONLINE services, or (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the JAMBA ONLINE services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not jamba has been informed of the possibility of such damage, even if a limited remedy set out in these Terms OF USE is found to have failed of its essential purpose. in no event will jamba’s aggregate liability for any claim or dispute arising out of or in connection with these Terms OF USE or your use of or inability to use the JAMBA ONLINE services, exceed the amount you paid to jamba during the 12-month period prior to the event giving rise to the liability. These limitations of liability and damages are fundamental elements of the agreement between you and jamba. If applicable law does not allow the limitations of liability set out in these Terms OF USE, the above limitations may not apply to you. BY ACCESSING THE JAMBA ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors. Jamba is not responsible if information made available through the Jamba Online Services is not accurate, complete, or current. The material on the Jamba Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on or use of the material and Services on the Sites and Apps is at your sole and exclusive risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Jamba may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Jamba and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Jamba is an equal opportunity employer committed to a diverse workforce. Jamba’s independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND (AT JAMBA’S OPTION), INDEMNIFY, AND HOLD JAMBA HARMLESS FROM AND AGAINST ANY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR BREACH OF THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL OR ADDITIONAL TERMS THAT APPLY TO A SERVICE); (B) YOUR USE OF THE JAMBA ONLINE SERVICES IN VIOLATION OF THESE TERMS OF USE; (C) INFORMATION POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND (D) YOUR BREACH OF ANY OTHER LAWS OR REGULATIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN JAMBA’S DEFENSE OF ANY CLAIM. JAMBA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF JAMBA.
You understand and agree that Jamba may, in its sole discretion and at any time, terminate your password, account or use of any part of the Jamba Online Services, and discard and remove and permanently delete any content posted or submitted by you to any part of the Jamba Online Services, and/or prohibit you from accessing the Jamba Online Services, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Jamba may take any one or more of these actions without prior notice to you. Should Jamba take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that Jamba shall not have any liability to you or any other person for any termination of your access to any portion of the Jamba Online Services, or the removal of any of your content. Jamba will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Jamba Online Services and may be referred to law enforcement authorities, if appropriate. No changes to or waiver of any part of these Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Jamba. Upon termination of your account or access to the Jamba Online Services, or upon demand by Jamba, you must destroy all materials obtained from the Jamba Online Services and all related documentation and all copies and installations thereof. If we disable your account, you agree that you will not create another account without our permission.
All trademarks used herein are owned by Jamba unless otherwise stated. All other third-party trademarks used on the Sites and Apps are the property of their respective owners and used under license by Jamba. Any rights not expressly granted herein are reserved.
All contents of the Jamba Online Services are copyrighted by Jamba. All Rights Reserved.
Jamba respects the intellectual property rights of others, and we ask you to do the same. Jamba may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Jamba Online Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site or App, please provide Jamba designated agent the following information:
Jamba’s designated agent for notice of claims of copyright or trademark infringement can be reached as
follows:
Copyright Agent
5620 Glenridge Drive NE
Atlanta, GA 30342
(404) 705-2088
trademarks@jamba.com
(404) 705-2088
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Jamba designated agent that includes all the following information:
Termination of Repeat Infringers
Portions of the Jamba website are licensed under U.S. Patent No. 5,930,474.
Please Read This Provision Carefully. It Affects Your Legal Rights.
Application. This Arbitration Agreement only applies to you if your country of residence or
establishment is the
United States. If your country of residence or establishment is not the United States, and you nevertheless
attempt
to bring any legal claim against Jamba in the United States, this Arbitration Agreement will apply for
determination
of the threshold issue of whether this “Dispute Resolution and Mandatory Arbitration; Class Action Waiver”
section
(“Dispute Resolution Section”) applies to you, and all other threshold determinations,
including residency,
arbitrability, venue, and applicable law.
Overview of Dispute Resolution Process. Jamba is committed to participating in a
consumer-friendly dispute
resolution process. To that end, these Terms of Use provide for a two-part process for individuals to whom
this
Dispute Resolution Section applies: (1) an informal negotiation directly with Jamba (described in the
“Mandatory
Pre-Arbitration Dispute Resolution and Notification” section below), and if necessary, (2) a binding
arbitration
administered by the American Arbitration Association (“AAA”). You and Jamba each retain the
right to seek relief in
small claims court as an alternative to arbitration.
Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 45 days prior to
initiating an arbitration,
you and Jamba each agree to notify the other party of the dispute in writing and attempt in good faith to
negotiate
an informal resolution. You must send your notice of dispute to Jamba by emailing it to privacy@jamba.com. Jamba
will send its notice of dispute to the email address associated with your Jamba account, if any. A notice of
dispute
must include: the party’s name, preferred contact information, a brief description of the dispute, and the
relief
sought. If the parties are unable to resolve the dispute within the 45-day period, only then may either
party
commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and
providing a copy to the other party as specified in the AAA Rules (available at www.adr.org
).
Agreement to Arbitrate. You and Jamba mutually agree that any dispute, claim or controversy arising
out
of or
relating to these Terms of Use or the applicability, breach, termination, validity, enforcement or
interpretation
thereof, or any use of the Jamba Online Services (collectively, “Disputes”) will be settled by binding
individual
arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration
Agreement
can be
enforced or applies to our Dispute, you and Jamba agree that the arbitrator will decide that
issue.
Exceptions to Arbitration Agreement. You and Jamba each agree that the following causes of
action and/or claims for
relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court
of
competent jurisdiction (as set forth in the “Governing Law and Venue” section below): (i) any claim or cause
of
action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action
seeking
emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime,
hacking,
cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Jamba agree that the
remedy of
public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of
action,
and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration
Act.
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in
interstate commerce and
the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this
provision.
The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other
AAA
arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect,
except as modified here.
The AAA Rules are available at www.adr.org. In order to initiate
arbitration,
a completed written demand (available
at www.adr.org ) must be filed with the AAA and provided to the other
party,
as specified in the AAA rules.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration
most
convenient to you,
Jamba agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county
where
you reside; (b) in Atlanta, Georgia; (c) via phone or video conference; or (d) if all parties agree, by
solely
the
submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share
of
arbitrator
compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
If
such
costs are determined by the arbitrator to be excessive, Jamba will pay all arbitration fees and expenses.
Either
party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other
party
has
asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the
purpose
of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and
conclusions upon which the
arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper
jurisdiction.
The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief
may be
awarded only on an individual basis and only to the extent necessary to provide relief warranted by the
claimant’s
individual claim.
No Class Actions or Representative Proceedings. You and Jamba acknowledge and agree that,
to
the fullest extent
permitted by law, we are each waiving the right to participate as a plaintiff or class member in any
purported
class
action lawsuit, class-wide arbitration, private attorney general action, or any other representative or
consolidated
proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and
may
not
otherwise preside over any form of any class or representative proceeding. If there is a final judicial
determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any
claim,
cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that
claim,
cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in
a
court
of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed
pursuant to
this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not
subject
to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are
resolved
by
the arbitrator.
Severability. Except as provided in the “No Class Actions or Representative Proceedings”
section above, in the event
that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be
severed
and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate. If Jamba changes this Dispute Resolution Section after
the
date you last accepted
these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject that change by
sending
us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new
change,
however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute
between
you
and Jamba (or your prior consent to any subsequent changes thereto), which will remain in effect and
enforceable
as
to any Dispute between you and Jamba.
Right to Opt-Out of Arbitration. Notwithstanding the above, you may choose to opt-out of
the
Arbitration Agreement
(“Opt-Out Notice”). The Opt-Out Notice must be received within 30 days after the date you
accept these Terms of Use
for the first time (the “Opt-Out Deadline”). In order to opt-out, you must mail (1) your
full
name; (2) your address
(including street address, city, state, and zip/postal code); (3) the email address(es) associated with your
Jamba
account, if any; and (4) a statement that you do not wish to resolve disputes with Jamba through
arbitration.
This
procedure is the only way you can opt-out of the Arbitration Agreement. Any opt-out request received after
the
Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration. If you opt-out of the
Arbitration Agreement, all other provisions of the Terms of Use will continue to apply to you, including the
below
venue clause specifying Atlanta, Georgia.
Survival. Except as provided in the “Severability” section above, this Dispute Resolution
Section will survive any
termination of these Terms of Use and will continue to apply even if you stop using the Jamba Online
Services or
terminate your Jamba account, if any.
These Terms of Use shall be governed and construed in accordance with the laws of the State of Georgia applicable to contracts entered into and fully performed in Georgia (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement set forth above must be brought in state or federal court in Atlanta, Georgia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Atlanta, Georgia.
Interpreting these Terms of Use. Except as they may be supplemented by additional terms,
conditions, policies,
guidelines, standards, and in-product disclosures, these Terms of Use (including those items incorporated by
reference) constitute the entire agreement between Jamba and you pertaining to your access to or use of the
Jamba
Online Services and supersede any and all prior oral or written understandings or agreements between Jamba
and
you.
These Terms of Use do not and are not intended to confer any rights or remedies upon anyone other than you
and
Jamba. If any provision of these Terms of Use is held to be invalid or unenforceable, except as otherwise
indicated
in the “No Class Actions or Representative Proceedings” section above, such provision will be struck and
will
not
affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these
Terms
of
Use it connotes an obligation with the same meaning as “shall.”
No Waiver. Jamba’s failure to enforce any right or provision in these Terms of Use will not
constitute a waiver of
such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in
these
Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without
prejudice
to its other remedies under these Terms of Use or otherwise permitted under law.
Entire Agreement. These Terms of Use constitute the entire agreement of the parties with
respect to the subject
matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties
with
respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived,
except
by
Jamba, or with Jamba’s prior written authorization. Any failure to enforce any provision of these Terms of
Use
shall
not constitute a waiver thereof or of any other provision thereof.
Injunctive Relief. You acknowledge that any breach of this agreement would cause Jamba irreparable injury, such that Jamba would have no adequate remedy at law. You agree that in the event of such breach, Jamba shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.
Please direct all inquiries related to these Terms of Use through Contact Us link or to:
Jamba Juice Franchisor SPV LLC
ATTN: GENERAL COUNSEL
5620 Glenridge Drive NE
Atlanta, GA 30342
(404) 205-3250
Last Updated: April 1, 2021
THESE TERMS AND CONDITIONS (THE “JAMBA REWARDS TERMS”) GOVERN THE MY JAMBA REWARDS PROGRAM (THE “PROGRAM”) AND JAMBA APP (THE “APP”).
PLEASE READ THESE JAMBA REWARD TERMS CAREFULLY AND THE RELATED JAMBA TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) AND THE JAMBA PRIVACY POLICY LOCATED AT: https://www.jamba.com/privacy , (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) BEFORE PARTICIPATING IN THE PROGRAM.
BY ACCESSING OR USING THIS APP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE JAMBA REWARDS TERMS, INCLUDING WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED THEREIN. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH JAMBA. IF YOU DO NOT AGREE TO ALL OF THESE JAMBA REWARDS TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
INTRODUCTION.
The Program is an electronic rewards program operated by or on behalf of Jamba Juice Franchisor SPV LLC, and/or its parents, affiliates, subsidiaries, and licensees (collectively, “Jamba”). The Program provides eligible Jamba account holders who register for the Program through www.jamba.com (the “Website”) or the App (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These Jamba Rewards Terms govern the Program along with any other terms or policies incorporated by reference into these Jamba Rewards Terms. In the event of any conflict or inconsistency between these Jamba Rewards Terms and the terms of any other policies incorporated herein, these Jamba Rewards Terms will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern and control with respect to all other matters. Please read these Jamba Rewards Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Jamba Rewards Terms. If you do not agree to these Jamba Rewards Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Jamba or any other person or entity, as determined by Jamba in its sole discretion.
ELIGIBILITY.
The Program is open only to Jamba account holders who are legal residents of the fifty (50)
United
States
and the District of Columbia, who are thirteen (13) years of age or older and who register
for
the
Program
through the Website or App. Minors must have parental consent. Registration is free. Any
person
whose
access
to the Website or App has been terminated or suspended by Jamba is NOT eligible to
participate.
To
participate in the Program, go to the Website or download the App to your Android™ or
iPhone®
device and
submit the information requested on the registration page and confirm your agreement to
these
Jamba
Rewards
Terms. Once you complete and submit all the registration information, a Program account
(each,
an
“Account”)
will be created for you. All registration information must be completed in full. Memberships
can
only be
used by the Member whose name is listed on the Account. You should not give your password to
any
other
person. You are responsible for all activity in your Account and any use of your password.
Limit
one (1)
Account per person. You cannot have more than one Account. Jamba may, at any time, require
you
to verify
your name and address by means of faxing, emailing, or mailing to Jamba a copy of your
driver’s
license
or
other form of identification approved by Jamba, in addition to providing Jamba with a signed
statement
of
legitimacy; and Jamba may automatically require such verification in the case of multiple
accounts from
the
same address, household, computer or IP address. If you attempt to obtain more than one
Account,
all
Points
in your Account may be forfeited, and Jamba may, at its sole discretion, terminate your
membership and
permanently ban you from participating in the Program. Officers, directors and employees of
Jamba and
its
parent, subsidiaries, divisions and affiliates, (each, a “Program Entity,”
and
collectively, the
“
Earning Points and Rewards.
Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):
Signing Up for a Program Account
You can earn a Reward by completing and submitting your registration information for an
Account via
the
Website or App.
Purchasing Jamba Products at Participating Locations
You can earn Points by visiting participating Jamba retail stores in the United States
and
purchasing
Jamba products ((pre-tax, after applicable discounts and fees, including Groupon or any
other third
party programs, rounded down to the nearest dollar) or by placing an order via the App
or
the
Website at
participating Jamba retail stores in the United States on dine-in, carry-out, delivery
(excluding
third
party delivery), or catering pick-up (excluding the purchase of gift cards or
fundraising
cards)).
To
earn Points, enter the phone number associated with your Account at the time of purchase
or
login to
your Account on the Website or the App. Limit one (1) phone number per transaction (if
applicable).
You
will receive one (1) “Point” for each U.S. dollar spent, except during limited time
promotions when
Jamba may offer “Bonus Points” on featured products and/or services. No partial Points
will
be
earned
for purchase amounts less than one (1) U.S. dollar.
Surprise and Delight Rewards
The Program might provide Members with the opportunity to earn special surprise and
delight
Points
and/or Rewards.
Birthday Rewards
The Program might provide Members with a special quantity of Points or a Reward on or
around
their
birthday of record that was provided to Jamba during the Account set-up
(“Birthday
Reward”). Once
your
birthday is set in your Account profile, it cannot be changed. To receive a Birthday
Reward,
you
must
have an Account at least two (2) days before your birthday and meet certain minimum
Points
requirements,
as determined by Jamba in its sole discretion.
BOGO Fundraising Rewards
The Program might provide Members with the opportunity to redeem a certain number of
“Buy
One, Get
One”
(“BOGO”) Rewards associated with the Jamba BOGO Fundraising Cards
(“BOGO Fundraising Reward”).
Opt-in to Promotional Communications
The Program might provide Members with the opportunity to earn Points in exchange for
signing up to
receive promotional and marketing offers from Jamba by providing their email address or
phone
number.
POINTS AND REWARDS REDEMPTION.
Members may redeem Points for products, discounts, coupons, merchandise, and other rewards as determined by Jamba in its sole discretion (each, a “Reward”). Points and/or Rewards may expire if not used by a date specified by Jamba. A service fee of $0.35 and sales tax will be charged on each Reward redemption via the Website or App. In-store redemption of a Reward is not subject to the service fee, but sales or other local tax may be imposed as required by law. You may view your current earned Points or earned Rewards and their expiration date by logging into your Account. The expiration date for Points, if any, will be disclosed when the Points earning opportunity is presented and may vary for different categories of Points. Jamba, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by Jamba from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid on the next store visit only as determined by Jamba in its sole discretion.
Rewards are subject to availability as determined by Jamba in its sole discretion. The expiration date for a Reward, if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards. Jamba reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed by Jamba or its designee or the third party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered, or sold in violation of these Jamba Rewards Terms may be confiscated or cancelled. Physical Rewards (if any) will be shipped only to the United States address currently on file with Jamba for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address, email address or telephone number for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Jamba reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards (if any) will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Jamba in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Jamba in its sole discretion, Jamba reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Jamba Rewards Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. Jamba, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, or cancel any Points Level. Jamba also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity. Points and Rewards cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.
MODIFICATION AND TERMINATION.
Jamba may modify any of these Jamba Rewards Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types or “classes” of Points available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as Jamba decides to terminate the Program. Jamba may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website, in the App and/or via email to the Member’s email address currently on file with Jamba for their Account.
If Jamba amends these Jamba Rewards Terms, it will revise the “last updated” date located at the top of these Jamba Rewards Terms. For changes to these Jamba Rewards Terms that Jamba considers to be material, Jamba may place a notice in the App or Website by revising the link on the home page to read substantially as “Updated My Jamba Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Jamba Rewards Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Jamba Rewards Terms will be available on the Website and will supersede all previous versions of these Jamba Rewards Terms.
If Jamba decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Jamba in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Use of any remaining Points or Rewards will be on a first come, first serve basis and otherwise subject to the availability of Rewards. Members may not rely on continued Points or Reward availability. Jamba makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points or Rewards remaining in a Member's Account at the time of termination will be forfeited and no compensation will be provided. Jamba may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if Jamba determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Jamba Rewards Terms; (d) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; or (e) engaged in any conduct or act that causes Jamba to terminate or suspend your access to your Account. Jamba may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Jamba Rewards Terms shall limit Jamba in its exercise of any legal or equitable rights or remedies.
Jamba reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for twelve (12) months or with such regularity deemed sufficient by Jamba and announced from time to time on the Website. Jamba in its sole discretion may allow Members to prevent their Points from expiring by following Jamba's instructions.
ELECTRONIC COMMUNICATIONS
When you visit the Website, App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices in the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Jamba Rewards Terms. We reserve the right to send you emails for administrative purposes even if you opt out of these communications. If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via auto dialer. You are not required to consent to receive these messages to receive the goods and services associated with the App or Program. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving SMS messages or emails at any time.
SMS TERMS
If you provide us your mobile number and sign-up to receive Program-related SMS messages from us, you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided when you created an Account. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS messages from us to participate in the Program. Message and data rates may apply for any text messages sent to you from us and to us from you. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
GENERAL TERMS AND CONDITIONS.
ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT JAMBA MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact Jamba to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Jamba reserves the right to seek damages from any such person to the fullest extent permitted by law. Jamba's failure to enforce any of these Jamba Rewards Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these Jamba Rewards Terms will be resolved by Jamba in its sole discretion.
PROGRAM MALFUNCTIONS AND CONDUCT.
The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and Members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Jamba which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Jamba reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Jamba deems appropriate. In the event Jamba is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Jamba’s control (each a “Force Majeure” event or occurrence), Jamba shall have the right to modify, suspend, or terminate the Program, in whole or in part.
Any attempts by any Member to access the Program, Website, or the App via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Jamba, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program, Website, or the App (ii) acting in violation of these Jamba Rewards Terms (iii) violating the Terms of Use (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass Jamba, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Points standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points or Rewards, or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points or Rewards.
NO WARRANTY; LIMITATION OF LIABILITY.
This Program, the Website, and the App are provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Jamba is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member's Account by any third party. Participating Jamba locations may be independently owned and operated. For that reason, Jamba makes no guarantees, warranties or representations of any kind, express or implied, with respect to Points or Rewards redemptions or the products supplied by such independently owned and operated Jamba locations, and shall not be liable for any loss, expense, accident or inconvenience that may arise in connection with the use of such items.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT JAMBA HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
Notwithstanding any other provision of these Jamba Rewards Terms, in the event there is a direct conflict between these Jamba Rewards Terms and the Terms of Use, or Privacy Policy, these Jamba Rewards Terms will govern, control and prevail as to the Program, including but not limited to those Jamba Rewards Terms dealing with the accrual and redemption of Points or Rewards, limitation of liability, and governing law.
PRIVACY.
Unless otherwise indicated in these Jamba Rewards Terms, by registering for and/or otherwise participating in the Program and the App, Members agree that Jamba will use the personal information collected about them in connection with the Program as set forth in Jamba’s Privacy Policy.
SEVERABILITY.
If any provision of these Jamba Rewards Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Jamba Rewards Terms, which will otherwise remain in full force and effect.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
Application. This Arbitration Agreement only applies to you if your country of
residence
or establishment is the
United States. If your country of residence or establishment is not the United States, and you
nevertheless
attempt to bring any legal claim against Jamba in the United States, this Arbitration Agreement will
apply for
determination of the threshold issue of whether this “Dispute Resolution and Mandatory Arbitration;
Class Action
Waiver” section (“Dispute Resolution Section”) applies to you, and all other threshold
determinations,
including
residency, arbitrability, venue, and applicable law.
Overview of Dispute Resolution Process. Jamba is committed to participating in a
consumer-friendly dispute
resolution process. To that end, these Terms of Use provide for a two-part process for individuals
to
whom this
Dispute Resolution Section applies: (1) an informal negotiation directly with Jamba (described in
the
“Mandatory
Pre-Arbitration Dispute Resolution and Notification” section below), and if necessary, (2) a binding
arbitration
administered by the American Arbitration Association (“AAA”). You and Jamba each
retain
the right to seek relief
in small claims court as an alternative to arbitration.
Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 45 days
prior
to initiating an
arbitration, you and Jamba each agree to notify the other party of the dispute in writing and
attempt in
good
faith to negotiate an informal resolution. You must send your notice of dispute to Jamba by emailing
it
to privacy@jamba.com
. Jamba will send its notice of dispute to the email address associated with your Jamba
account, if any. A notice of dispute must include: the party’s name, preferred contact information,
a
brief
description of the dispute, and the relief sought. If the parties are unable to resolve the dispute
within the
45-day period, only then may either party commence arbitration by filing a written Demand for
Arbitration
(available at www.adr.org)
with the AAA and providing a copy to the other party as specified in the AAA Rules
(available at www.adr.org).
Agreement to Arbitrate. You and Jamba mutually agree that any dispute, claim or controversy
arising out of or
relating to these Terms of Use or the applicability, breach, termination, validity, enforcement
or
interpretation thereof, or any use of the Jamba Online Services (collectively, “Disputes”) will
be
settled by
binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about
whether
this
Arbitration Agreement can be enforced or applies to our Dispute, you and Jamba agree that the
arbitrator will
decide that issue.
Exceptions to Arbitration Agreement. You and Jamba each agree that the following
causes
of action and/or claims
for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding
in a
court
of competent jurisdiction (as set forth in the “Governing Law and Venue” section below): (i) any
claim
or cause
of action alleging actual or threatened infringement, misappropriation or violation of a party’s
copyrights,
trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause
of
action
seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or
commission
of a
crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You
and
Jamba
agree that the remedy of public injunctive relief will proceed after the arbitration of all
arbitrable
claims,
remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to
section 3
of the Federal Arbitration Act.
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a
transaction
in interstate commerce
and the Federal Arbitration Act governs all substantive and procedural interpretation and
enforcement of
this
provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration
Rules
and/or
other AAA arbitration rules determined to be applicable by the AAA (the “AAA
Rules“)
then in effect, except as
modified here. The AAA Rules are available at www.adr.org. In
order
to initiate arbitration, a completed written
demand (available at www.adr.org) must be filed with the AAA and
provided to the other party, as specified in
the AAA rules.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the
arbitration most convenient to
you, Jamba agrees that any required arbitration hearing may be conducted, at your option: (a) in the
U.S. county
where you reside; (b) in Atlanta, Georgia; (c) via phone or video conference; or (d) if all parties
agree, by
solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and
your
share of arbitrator
compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer
Rules. If
such costs are determined by the arbitrator to be excessive, Jamba will pay all arbitration fees and
expenses.
Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving
that
the other
party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad
faith or
for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA
Rules.
Arbitrator’s Decision. The arbitrator’s decision will include the essential
findings
and conclusions upon which
the arbitrator based the award. Judgment on the arbitration award may be entered in any court with
proper
jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory
or
injunctive
relief may be awarded only on an individual basis and only to the extent necessary to provide relief
warranted
by the claimant’s individual claim.
No Class Actions or Representative Proceedings. You and Jamba acknowledge and agree
that, to the fullest extent
permitted by law, we are each waiving the right to participate as a plaintiff or class member in any
purported
class action lawsuit, class-wide arbitration, private attorney general action, or any other
representative or
consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than
one
party’s
claims and may not otherwise preside over any form of any class or representative proceeding. If
there
is a
final judicial determination that applicable law precludes enforcement of the waiver contained in
this
paragraph
as to any claim, cause of action or requested remedy, then that claim, cause of action or requested
remedy, and
only that claim, cause of action or requested remedy, will be severed from this agreement to
arbitrate
and will
be brought in a court of competent jurisdiction. In the event that a claim, cause of action or
requested
remedy
is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or
requested
remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of
action and
requested remedies are resolved by the arbitrator.
Severability. Except as provided in the “No Class Actions or Representative
Proceedings” section above, in the
event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such
provision
will be
severed and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate. If Jamba changes this Dispute Resolution Section
after the date you last
accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may
reject
that
change by sending us written notice (including by email) within 30 days of the date the change is
effective.
Rejecting a new change, however, does not revoke or alter your prior consent to any earlier
agreements
to
arbitrate any Dispute between you and Jamba (or your prior consent to any subsequent changes
thereto),
which
will remain in effect and enforceable as to any Dispute between you and Jamba.
Right to Opt-Out of Arbitration. Notwithstanding the above, you may choose to
opt-out
of the Arbitration
Agreement (“Opt-Out Notice”). The Opt-Out Notice must be received within 30 days
after
the date you accept these
Terms of Use for the first time (the “Opt-Out Deadline”). In order to opt-out, you
must
mail (1) your full name;
(2) your address (including street address, city, state, and zip/postal code); (3) the email
address(es)
associated with your Jamba account, if any; and (4) a statement that you do not wish to resolve
disputes
with
Jamba through arbitration. This procedure is the only way you can opt-out of the Arbitration
Agreement.
Any
opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your
dispute
in
arbitration. If you opt-out of the Arbitration Agreement, all other provisions of the Terms of Use
will
continue
to apply to you, including the below venue clause specifying Atlanta, Georgia.
Survival. Except as provided in the “Severability” section above, this Dispute
Resolution Section will survive
any termination of these Terms of Use and will continue to apply even if you stop using the Jamba
Online
Services (as defined in the Terms) or terminate your Jamba account, if any.
