500 OCEAN CAFE REWARDS TERMS OF USE

Effective Date: June 7, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE 500 OCEAN CAFE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE 500 OCEAN CAFE REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

  • eliminate your right to a trial by jury; and
  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the 500 Ocean Cafe Rewards program by electronic means, including posting such information and materials online at https://www.500OceanCafe.com.

Additional Terms
Changes To Terms
Personal Use
About 500 Ocean Cafe Rewards
Joining 500 Ocean Cafe
Earning Stars
Multiple Tender
Currency Exchange
Exclusions to Earning Stars; Participating Stores Only
Returns
Star Expiration
Redeeming Stars for Rewards
Star Redemption may vary; Participating stores only
Exclusions to Star Redemption
Additional Benefits
Arbitration
Governing Law
Severability

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the 500 Ocean Cafe Rewards program in the United States (“500 Ocean Cafe Rewards“), which is operated by 500 Ocean Cafe or its respective subsidiaries, licensees and affiliated companies (collectively, “500 Ocean Cafe“). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with 500 Ocean Cafe for other products or services, such as 500 Ocean Cafe Cards.

CHANGES TO TERMS

500 Ocean Cafe reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to 500 Ocean Cafe Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.500OceanCafe.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in 500 Ocean Cafe Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in 500 Ocean Cafe Rewards.

PERSONAL USE

500 Ocean Cafe Rewards is intended for personal use only. Commercial use is prohibited. 500 Ocean Cafe Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in 500 Ocean Cafe Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in 500 Ocean Cafe Rewards. Please read the Privacy Statement carefully to understand how 500 Ocean Cafe collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT 500 OCEAN CAFE REWARDS

500 Ocean Cafe Rewards is one way in which 500 Ocean Cafe endeavors to reward and thank loyal customers for patronizing our business and purchasing 500 Ocean Cafe products. 500 Ocean Cafe Rewards members are able to earn and accumulate “Stars” that can be redeemed for 500 Ocean Cafe Rewards benefits (“Rewards“) at 500 Ocean Cafe.

JOINING 500 OCEAN CAFE REWARDS

To join 500 Ocean Cafe Rewards, go to www.500OceanCafe.com/rewards or 500OceanCafe.com (“Websites”), or to the 500 Ocean Cafe mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

  1. First and last name, email address and password.
  1. Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join 500 Ocean Cafe Rewards, you automatically are provided with a digital 500 Ocean Cafe Card with a zero dollar ($0.00) balance. You can add funds to your digital 500 Ocean Cafe Card either online at www.500OceanCafe.com/account, through the App, or in-person at 500 Ocean Cafe. You can also register a 500 Ocean Cafe Card eGift or a physical 500 Ocean Cafe gift card to your account by adding the 16 digit 500 Ocean Cafe Card number and security code. 500 Ocean Cafe Cards may include: physical 500 Ocean Cafe plastic cards that are available for sale from 500 Ocean Cafe stores and other retail locations (for example, gift card “malls” or kiosks); digital forms of physical 500 Ocean Cafe plastic cards; and 500 Ocean Cafe Card eGifts that can be purchased at www.500OceanCafe.com/shop/card/egift. Multiple 500 Ocean Cafe Cards can be added for use in 500 Ocean Cafe Rewards, but you may have only one (1) account that is personal to you. All 500 Ocean Cafe Cards, including the one that is digitally provisioned, are subject to the 500 Ocean Cafe Card Terms & Conditions which are incorporated into these Terms of Use. For more information about 500 Ocean Cafe Cards, please visit www.500 Ocean Cafe.com/card.

EARNING STARS

The Rewards that are available to you through 500 Ocean Cafe Rewards are based on the number of Stars that you earn. You can earn Stars by making purchases at 500 Ocean Cafe stores in the United States, Canada, Puerto Rico, the United Kingdom and Ireland in the following ways:

  1. Paying for your purchase with a 500 Ocean Cafe Card. When you pay with your digital 500 Ocean Cafe Card in the App, you will earn 2 (two) Stars for every $1 (one) U.S. Dollar you spend at our cafe. You will also earn 2 Stars for every $1 (one) U.S. Dollar spent when you a) pay in-person at our café with your registered physical 500 Ocean Cafe Card or b) scan the barcode in the App, and then use any physical 500 Ocean Cafe Card (regardless of whether it is registered) to complete the purchase. If you are a 500 Ocean Cafe partner (i.e., employee), you will earn 3 (three) Stars for every $1 (one) U.S. Dollar spent using a 500 Ocean Cafe Card so long as you also have your “partner” 500 Ocean Cafe Card registered to your account and scan your barcode in the App or physical “partner” Card prior to your purchase.
  1. Paying for your purchase with Linked Payment Method. You can link a credit card, debit card or mobile wallet to your account, and use it to pay directly for your order through the App. When you pay directly with a linked payment method, you will earn 1 (one) Star for every $1 (one) U.S. Dollar you spend at our cafe. 500 Ocean Cafe may add or remove available payment methods at any time in its sole discretion. 500 Ocean Cafe partners will earn 2 (two) Stars for every $1 (one) U.S. Dollar spent so long as they also have their “partner” 500 Ocean Cafe Card registered to their 500 Ocean Cafe Rewards account.
  1. Scanning your member barcode in the App and then paying with cash, credit card, debit card or mobile wallet. You can earn 1 (one) Star for every $1 (one) U.S. Dollar you spend at 500 Ocean Cafe when you scan your member barcode in the App at the register prior to paying with cash, credit cards, debit cards, or mobile wallets. 500 Ocean Cafe partners will earn 2 (two) Stars for every $1 (one) U.S. Dollar spent so long as they also have their “partner” 500 Ocean Cafe Card registered to their 500 Ocean Cafe Rewards account and scan their barcode prior to purchase.
  1. Star Codes. You can earn Stars by entering Star codes at www.500 Ocean Cafe.com/rewards. Star codes may, from time to time, be distributed through promotional materials or inside specially marked packages of 500 Ocean Cafe products sold in grocery stores. The number of Stars awarded using Star codes may vary. You can redeem a maximum of two (2) Star codes per day. Certain other limitations may apply to Star codes. For example, Star codes may have expiration dates. Check the promotional materials or product packaging for specific restrictions applicable to a particular Star code.
  1. Promotional Bonus Star Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional “Bonus Stars” through special promotions. These promotional Bonus Stars will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.
  1. Partnership Programs. Eligible customers may earn Stars through participation in programs offered by our business partners. For example, 500 Ocean Cafe® Rewards Visa® Card account holders and 500 Ocean Cafe® Rewards Visa® Prepaid Card account holders earn Stars for purchases made using their 500 Ocean Cafe® Rewards Visa® Card or 500 Ocean Cafe® Rewards Visa® Prepaid Card, as applicable, outside of 500 Ocean Cafe stores. 500 Ocean Cafe does not operate and is not responsible for these programs, which have separate and additional terms and conditions governing how Stars may be earned.

Note that Stars may be earned in fractional amounts depending on the value of your purchase. 

MULTIPLE TENDER

If you use more than one payment method in a single transaction, you will earn Stars based on the earn rate associated with each payment. For example, if your beverage is $6 and you pay $3 with your 500 Ocean Cafe Card and $3 with a credit card, you will earn a total of 9 Stars: 6 Stars for the amount paid with your 500 Ocean Cafe Card, and 3 Stars for the amount paid with your credit card. If members split a transaction, each member must scan their member barcode in the App immediately before making their payment in order to earn Stars for their respective purchase amount. 

CURRENCY EXCHANGE

If the address associated with your account is located in the United States, any qualifying purchase you make using a 500 Ocean Cafe Card registered to your account at participating 500 Ocean Cafe stores in Canada, Puerto Rico, the United Kingdom or Ireland will earn Stars as if the currency were expressed in U.S. Dollars. No currency exchange is applied to the value of your purchase for the purpose of determining how many Stars you have earned.

EXCLUSIONS TO EARNING STARS; 500 Ocean Cafe ONLY

You may not earn Stars in connection with certain types of beta or promotional programs, or on purchases made with a 500 Ocean Cafe Store Credit card (defined below) or other forms of service recovery coupons. Stars may be earned at 500 Ocean Cafe only, and certain stores only have the ability to award Stars for 500 Ocean Cafe Card transactions (not for cash, credit card, debit card or mobile wallet transactions). In addition, you cannot earn Stars on purchases of alcoholic beverages or on 500 Ocean Cafe Cards (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Star accrual.

RETURNS

For information about how 500 Ocean Cafe handles returns, please read our Return Policy. Your Star balance may be impacted by returns as follows:

  1. If you void a purchase, 500 Ocean Cafe will deduct the Stars that you earned for that purchase, potentially resulting in a negative Star balance on your account.
  1. If you return merchandise, packaged coffee, food or tea that you purchased with a 500 Ocean Cafe Card (note: an original receipt or gift receipt is required), your funds will be returned to you on a card with store credit (“500 Ocean Cafe Store Credit card”), but 500 Ocean Cafe will not deduct any Stars from your account. 500 Ocean Cafe Store Credit cards may be used in our 500 Ocean Cafe, but they are not 500 Ocean Cafe Cards. Purchases made with 500 Ocean Cafe Credit cards do not accrue Stars and cannot be registered or reloaded for additional value.
  1. If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), 500 Ocean Cafe may deduct the Stars earned in connection with your purchase, potentially resulting in a negative Star balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for 500 Ocean Cafe to process the refund. 

STAR EXPIRATION

Unless otherwise noted, Stars are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire six (6) months after the calendar month in which such Stars were earned. For example, if you earn Stars on December 15, 2020, they will expire on July 1, 2021. The oldest accrued Stars will be used first for redemptions. You can view and track your Star balance and available Rewards, as well as any additional benefits for which you are eligible as a 500 Ocean Cafe Rewards member, on https://app.500 Ocean Cafe.com or by using the App.

Stars earned through the 500 Ocean Cafe® Rewards Visa® Prepaid Card and the 500 Ocean Cafe® Rewards Visa® Card Rewards Program do not expire as long as you are an active prepaid or credit card account holder. If your prepaid or credit card account is closed or expires for any reason, your Stars will expire six (6) months after the calendar month in which that account closed or expired.

REDEEMING STARS FOR REWARDS

Stars may be redeemed for complimentary 500 Ocean Cafe items at 500 Ocean Cafe stores in the United States, Canada, and Puerto Rico. 500 Ocean Cafe Rewards offers different Rewards based on different Star redemption tiers. Note that the Rewards available and Star redemption tiers may vary by location and by country, and that 500 Ocean Cafe may adjust the items included in each tier at any time in its sole discretion. The Star redemption tiers for redeeming Stars at 500 Ocean Cafe in the United States are as follows:

  • 25 Stars may be redeemed for one (1) of the following beverage modifiers: an added espresso shot, added syrup or sauce (such as caramel syrup), or a dairy alternative option (such as soy milk, almondmilk, or coconutmilk), valued up to $1 (one) U.S. Dollar. The beverage modifiers in this redemption tier are only available as a customization to your base beverage order and cannot be redeemed as a standalone beverage.
  • 50 Stars may be redeemed for one (1) of the following items: hot brewed coffee or hot steeped tea OR a bakery item (such as a cake pop or cookie). Iced brewed coffee, Clover brewed coffee, and 500 Ocean Cafe Reserve coffee are excluded from this redemption tier.
  • 150 Stars may be redeemed for one (1) of the following items: any handcrafted beverage (such as a latte or Frappuccino® blended beverage) OR any hot breakfast item (such as a breakfast sandwich or oatmeal) OR any packaged snack item (excluding packaged protein boxes). All beverages must be standard menu-sized items.
  • 200 Stars may be redeemed for one (1) packaged salad or lunch sandwich OR one (1) packaged protein box.
  • 400 Stars may be redeemed for one (1) packaged coffee item (such as whole bean coffee) OR a select merchandise item with a value up to $20 (twenty) U.S. Dollars (pre-tax). Packaged coffee and merchandise availability may vary by store location.

STAR REDEMPTION AVAILABILITY MAY VARY; AT 500 OCEAN CAFE ONLY

Not all 500 Ocean Cafe stores have the ability to honor Star redemption or provide Star redemption at multiple tiers. Additionally, the items available for redemption in each Star redemption tier may vary. Certain 500 Ocean Cafe stores (including some grocery and retail locations) may offer only the 150 Star redemption tier. At such locations, and notwithstanding anything to the contrary in these Terms of Use, you will be eligible to redeem 150 Stars for one (1) handcrafted beverage OR one (1) food item only.

OTHER IMPORTANT STAR REDEMPTION INFORMATION AND EXCLUSIONS

Stars may be redeemed at 500 Ocean Cafe stores and are ineligible to be redeemed for the following items: alcoholic beverages; multi-serve food or beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee Traveler); and items available at 500 Ocean Cafe locations.

You cannot redeem multiple Star redemption tiers within a single beverage order. For example, you cannot redeem 50 Stars for a hot brewed coffee and 25 Stars for added syrup within a single beverage order.

If you redeem Stars at our 500 Ocean Cafe store outside of the United States, the Star redemption tiers applicable in the country in which such store is located will apply.

ADDITIONAL BENEFITS OF 500 OCEAN CAFE REWARDS

As a 500 Ocean Cafe Rewards member, you may be eligible for the following additional benefits.:

  • Birthday Reward. On your birthday (as indicated in your 500 Ocean Cafe Rewards account), you will receive one (1) complimentary handcrafted beverage OR one (1) complimentary food item OR one (1) complimentary ready-to-drink bottled beverage (“Birthday Reward“). Your Birthday Reward may be redeemed at our 500 Ocean Cafe only and excludes: multi-serve food or beverage items (for example, a tray of Cranberry Bliss® Bars or a Coffee Traveler); beverages that contain alcohol; merchandise and packaged coffee; and items available at 500 Ocean Cafe locations. To qualify for your Birthday Reward, you must join 500 Ocean Cafe Rewards at least seven (7) days prior to your birthday, provide your birthday in your account information, and make at least one Star-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid only on that date. You must scan the member barcode in the App or present your registered 500 Ocean Cafe Card in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account on www.500 Ocean Cafe.com/account or in the App.
  • Refill(s) of hot or iced brewed coffee and tea. 500 Ocean Cafe Rewards members may receive refills of hot or iced brewed coffee or tea during the same store visit at 500 Ocean Cafe for 50% off. To be eligible for 50% off refill(s) of hot or iced brewed coffee or tea, you must scan the member barcode in the App prior to purchasing your beverage and again when you request your refill or pay for your beverage using your registered 500 Ocean Cafe Card and scan the same card again when you requesting your hot or iced brewed coffee or tea refill.
  • Early or extended access to certain promotions and offers. 500 Ocean Cafe may offer 500 Ocean Cafe Rewards members early or extended access to special menu items or discounts at our cafe. You may take part in these offers by paying with a 500 Ocean Cafe Card registered to your account or scanning the member barcode in the App prior to your purchase.
  • Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from 500 Ocean Cafe and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Stars. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App or present or pay with your registered 500 Ocean Cafe Card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.
  • Double Star Day. 500 Ocean Cafe may offer Double Star Days, where you can earn twice the number of Stars for your purchase. 500 Ocean Cafe will notify you of a designated Double Star Day, which will be personalized and selected by 500 Ocean Cafe for you. You must download the 500 Ocean Cafe app OR opt-in to receive promotional and marketing emails from 500 Ocean Cafe in order to receive notice of a designated Double Star Day. You also may be required to “activate” your Double Star Day by clicking within the notification email or the notification within the App. 500 Ocean Cafe reserves the right to exclude certain products and merchandise from Double Star Day eligibility and to modify the Double Star Day benefit.

500 Ocean Cafe reserves the right to change or suspend the number and type of benefits offered to members of 500 Ocean Cafe Rewards in its sole discretion at any time.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the 500 Ocean Cafe Card Terms & Conditions. In the event of any conflict between the 500 Ocean Cafe Card Terms & Conditions and these Terms of Use, the 500 Ocean Cafe Card Terms & Conditions control.

There are no participation or membership fees associated with 500 Ocean Cafe Rewards. Stars accrued in connection with 500 Ocean Cafe Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Stars accrued in connection with 500 Ocean Cafe Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by 500 Ocean Cafe.

Your Stars, Rewards, registered 500 Ocean Cafe Cards, and 500 Ocean Cafe Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) 500 Ocean Cafe Rewards account that is personal to you.

Without notice to you, 500 Ocean Cafe reserves the right to suspend any 500 Ocean Cafe Card registered to your account and/or terminate your account and/or your participation in 500 Ocean Cafe Rewards if 500 Ocean Cafe determines, in its sole discretion, that you have violated these Terms of Use or that the use of your 500 Ocean Cafe Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. 500 Ocean Cafe may, in its sole discretion, suspend, cancel or combine 500 Ocean Cafe Rewards accounts that appear to be duplicative. In the event that your participation in 500 Ocean Cafe Rewards is terminated, all accrued Stars in your account are void.

Without notice to you, 500 Ocean Cafe also reserves the right to “unregister” and make ineligible for 500 Ocean Cafe Rewards any 500 Ocean Cafe Card or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Stars earned during such two (2) consecutive year period. In the event that your 500 Ocean Cafe Card or account is unregistered or rendered inactive, all accrued Stars in your account are void.

500 Ocean Cafe reserves the right to change, modify, discontinue or cancel 500 Ocean Cafe Rewards or any part of the 500 Ocean Cafe Rewards program, at any time and in its sole discretion, without notice to you.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in 500 Ocean Cafe Rewards, the 500 Ocean Cafe Cards registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in 500 Ocean Cafe Rewards, or your relationship with 500 Ocean Cafe or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://500OceanCafe.com/contact/ to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, 500 Ocean Cafe will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in 500 Ocean Cafe Rewards will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in King County, Washington.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.