Terms & Conditions

TERMS OF SERVICE

Last Updated: June 12, 2024

Black Rock Coffee Bar, Inc. (“Black Rock,” “we,” “our,” or “us”) makes our website and mobile application (“Site”), as well as products, available to you (“User,” “you,” or “your”) subject to this Terms of Service Agreement (the “Agreement”). By accessing or using our Site in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use our Site. Additional terms and conditions may apply to certain features of the Site or products, and such additional terms and conditions are incorporated by reference into this Agreement.

IMPORTANT NOTICE: YOUR USE OF OUR SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 8 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION.

CONTENTS

1. REGISTRATION, ACCOUNT, AND COMMUNICATION PREFERENCES

Eligibility. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SITE. BY ACCESSING, USING, AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18. IF YOU ARE A PARENT OR LEGAL GUARDIAN PROVIDING CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND YOUR CHILD.

Accounts. To access certain features, you may be required to register for a Black Rock account. You agree to provide accurate information, maintain the security of your login credentials, and promptly update your account information. You are responsible for all activities under your account.

Electronic Communications. By creating an account, you consent to receive electronic communications from Black Rock, including transactional emails, notices, and promotional messages (unless you opt out of marketing messages). You agree these electronic communications satisfy legal requirements for written communication.

Email and Text Communications. By providing your phone number, you consent to receive calls and text messages from or on behalf of Black Rock, including autodialed messages, for marketing, promotional, and transactional purposes. Message and data rates may apply. You may opt out at any time.


2. PRODUCT PURCHASES AND ONLINE ORDERS

Products. We make products such as coffee, apparel, drinkware, and other accessories available for purchase through our Site (“Products”).

Rewards Program. If you participate in the Black Rock Coffee Bar Rewards Program, additional terms apply.

Gift Cards. Gift cards may be purchased through our Site and used for in-store purchases. They cannot be redeemed for cash except as required by law and may be subject to expiration or restrictions noted at the time of purchase.

Subscriptions. We offer recurring subscription options. By signing up, you authorize recurring charges until you cancel. Cancellations and changes must be made at least 24 hours before the applicable subscription order processes.

Payment and Billing Information. By submitting payment information, you authorize Black Rock (or its third-party processor) to charge your payment method for all purchases, taxes, and applicable fees. You agree to maintain valid payment information and resolve any issues promptly.

Pricing and Availability. Prices are listed in U.S. dollars and are subject to change. Products are subject to availability, and we reserve the right to limit quantities or discontinue items at our discretion.

Taxes. You are responsible for paying applicable taxes. You agree to indemnify Black Rock for any tax liability arising from your purchases.

Shipping and Handling. You agree to pay shipping and handling charges as presented at checkout. Delivery times are estimates only.

Return Policy. Returns of Products are subject to our posted Return Policy.


3. USE OF OUR SITE

Black Rock’s Rights in Materials. The Site and all content, systems, databases, and related technology are owned by Black Rock and its licensors (“Black Rock Materials”).

Grant of License. Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Site. All rights not expressly granted are reserved.

Modification. We may alter or discontinue any aspect of the Site without notice. Your sole remedy for dissatisfaction is to stop using the Site.

Removal of Access. We may suspend or terminate your access immediately if you violate this Agreement, engage in fraud or illegal activity, or for other reasons described herein.

Defects and Availability. The Site may be unavailable at times due to maintenance, technical issues, or other factors beyond our control. We make no warranty of uninterrupted availability.

Restrictions. You agree not to misuse the Site, including by attempting unauthorized access, reverse-engineering, introducing malicious code, harvesting data, or infringing intellectual property rights.

Prosecution. We reserve the right to investigate and prosecute violations to the fullest extent permitted by law.


4. CONTENT AND DATA ON OUR SITE

Black Rock Content. Content on the Site, including text, graphics, and other material, is protected by law. You have only a limited right to access and use it for personal purposes.

User Content License. By submitting data, information, or content through the Site, you grant Black Rock a perpetual, worldwide, royalty-free license to use, reproduce, display, modify, and distribute such content in connection with providing services and operating our business.

User Content Restrictions. You may not submit unlawful, offensive, or infringing content. We may remove or restrict content at our discretion.

Feedback. Any feedback, comments, or suggestions you provide become the property of Black Rock, and you assign all rights to such feedback to us.

Links; Third Party Materials. The Site may link to third-party content. We are not responsible for third-party sites or materials.

Intellectual Property Ownership. Black Rock retains ownership of all intellectual property rights in the Site, Black Rock Content, and Feedback.


5. REPRESENTATIONS

Your Representations. You represent that you are of legal age, provide truthful information, comply with applicable law, and that any content you submit does not infringe third-party rights.

Feedback Representations. You represent that you own or have necessary rights to provide Feedback and that it is accurate and lawful.


6. DISCLAIMERS OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED.


7. INDEMNITY; LIMITATION OF LIABILITY

Indemnity. You agree to indemnify and hold harmless Black Rock and its affiliates from claims, damages, or expenses arising from your use of the Site, violation of this Agreement, or infringement of third-party rights.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BLACK ROCK OR ITS AFFILIATES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).


8. DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law. This Agreement is governed by the laws of the State of Arizona, without regard to conflicts of law principles. Venue for disputes will be in Maricopa County, Arizona.

Dispute Resolution. The parties agree to attempt to resolve disputes through negotiation. If not resolved, disputes shall be submitted to confidential binding arbitration administered by the American Arbitration Association. Class actions are not permitted.

Arbitration. Any unresolved dispute shall be finally and exclusively resolved by arbitration. Both parties waive the right to trial by jury or to participate in a class action.


9. MISCELLANEOUS

Term. This Agreement remains in effect until terminated by either party. We may terminate at any time without notice.

New Jersey Consumers. Certain limitations may not apply to New Jersey consumers as required by law.

Independent Contractors. You and Black Rock are independent contractors.

Consent to Electronic Business. You consent to conduct transactions electronically and not contest electronic records or signatures.

Equitable Relief. We may seek equitable relief (injunction, specific performance) to enforce this Agreement without posting bond.

Entire Agreement. This Agreement and incorporated policies constitute the full agreement between you and Black Rock and supersede prior agreements.

Waiver; Severability. Failure to enforce a provision is not a waiver. If a provision is invalid, the remainder of the Agreement remains enforceable.

Assignment. You may not assign this Agreement. We may assign at our discretion.

Survival. Provisions regarding intellectual property, disclaimers, indemnity, limitation of liability, governing law, and dispute resolution survive termination.


10. CONTACT US

If you have questions, please email us at hello@br.coffee or contact us through the Site.