500 Ocean Cafe Card Terms & Conditions

This 500 Ocean Cafe Card Agreement (“Agreement”) is between you and 500 Ocean Café, Inc (“we” or “us”) and describes the terms and conditions that apply to your 500 Ocean Cafe Card. By buying, loading, or using your 500 Ocean Cafe Card, you agree to these terms.

This Agreement includes 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 notices, disclosures and amendments to this Agreement, and other information relating to your 500 Ocean Cafe Card by electronic means, including posting such materials online at https://www.500OceanCafe.com/gift-cards/manage/card-terms-and-conditions.

About Your Account

We issue physical and digital 500 Ocean Cafe Card to you. It allows you to load a dollar value onto your 500 Ocean Cafe Card for use at 500 Ocean Cafe store. The dollar value that you load onto your 500 Ocean Cafe Card is a prepayment for the goods and services of our store. We offer the 500 Ocean Cafe Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your 500 Ocean Cafe Card is nonrefundable and may not be redeemed for cash. The value on your 500 Ocean Cafe Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

500 Ocean Cafe Cards are 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 only use 500 Ocean Cafe Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

When you register your 500 Ocean Cafe Cards with the 500 Ocean Cafe Rewards program, the 500 Ocean CaféRewards terms of use which can be found at https://www.500 Ocean Cafe.com/rewards/terms will also apply.

Loading Value on Your Card

You can load value on your 500 Ocean Cafe Card by visiting our cafe, going online to https://www.500 Ocean Cafe.com/card, or by calling 561-396-2704. There may be a delay from the time you pay the amount to be loaded onto your 500 Ocean Cafe Card and those funds being available for use.

You may not have more than $500 in value on any of your 500 Ocean Cafe Cards at any time, and no more than $2,000 may be associated with any one 500 Ocean Cafe Card in a single day. This means that the activity on any one of your 500 Ocean Cafe Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your 500 Ocean Cafe Cards, together with the value of any new 500 Ocean Cafe Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any 500 Ocean Cafe Card at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to purchase or reload your 500 Ocean Cafe Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or 500 Ocean Cafe may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, 500 Ocean Cafe will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded onto your 500 Ocean Cafe Card are denominated in the currency of the country in which it was sold (the “base currency”). 500 Ocean Cafe Cards purchased in the United States may also be used in Canada, England, Scotland, Wales, Republic of Ireland, Northern Ireland, Mexico and Australia. When you make a purchase in a different country, the Transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from your 500 Ocean Cafe Card balance. No fees or other charges are made to your 500 Ocean Cafe Card for the currency conversion. However, note that your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your 500 Ocean Cafe Card outside of the U.S. 500 Ocean Cafe does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your 500 Ocean Cafe Card is kept in the base currency, the balance shown on your receipt will be in the local currency of the store location. Transactions that occur on our website are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction.

You can reload your 500 Ocean Cafe Card in-store or, to make reloading your 500 Ocean Cafe Card easier, you can link a payment method to your 500 Ocean Cafe account (which you can access at https://www.500 Ocean Cafe.com/card) and reload either manually online when you choose or set up auto-reload. With automatic reload, you simply set the reload date or the balance at which you want to reload your 500 Ocean Cafe Card and provide us with payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload to let you know your 500 Ocean Cafe Card has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.

To discontinue the automatic reload feature, you must log-in to your 500 Ocean Cafe account at https://www.500 Ocean Cafe.com/card or call 561-396-2704 at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.

If you have any questions or concerns about the status of an eGift, please go online to https://500OceanCafe.com/manageyourgiftcard [in their 500oceancafe.com account, there should be a link to manage their gift card (add funds, see their balance, transaction/activity history, etc)] or email us at contact@500OceanCafe.com or call 561-396-2704.

Promotional Programs

From time to time, we may in our sole discretion, run promotional programs associated with the 500 Ocean Cafe Card program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

Fees and Expiration of Card Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your 500 Ocean Cafe Card. Your 500 Ocean Cafe Card has no expiration date nor does the value on your 500 Ocean Cafe Card ever expire.

500 Ocean Cafe Cards That Are Also Merchandise

Some 500 Ocean Cafe Cards are also merchandise or are bundled with merchandise, such that the purchase price of the bundled item is equal to the dollar value loaded onto the 500 Ocean Cafe Card plus the retail value of the merchandise component. Although the 500 Ocean Cafe Card component and the merchandise component must be purchased together for such items, to the extent that the components are separable, we may in our sole discretion allow returns of the merchandise component if you choose to keep only the 500 Ocean Cafe Card. In cases where the merchandise component is inseparable from the 500 Ocean Cafe Card, we may in our sole discretion allow you to return the item by issuing you a refund for the value of the merchandise component and a replacement 500 Ocean Cafe Card loaded with the original value of the 500 Ocean Cafe Card component. In either case, the requirements for returning the merchandise component are the same as the requirements for returns of other merchandise unless otherwise specified by us during your purchase of that merchandise.

Receipts and Transaction History

When you use your 500 Ocean Cafe Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a 500 Ocean Cafe Card and will provide the remaining balance of your 500 Ocean Cafe Card. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your 500 Ocean Cafe Card at https://www.500 Ocean Cafe.com/card and review recent Transactions on your 500 Ocean Cafe Card at https://app.500 Ocean Cafe.com/cards. The account balance for a 500 Ocean Cafe Card also will appear on your receipt from a point-of-sale register. We will not send you statements of activity on your 500 Ocean Cafe Card.

Billing Errors, Corrections

We will correct the balance of your 500 Ocean Cafe Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your 500 Ocean Cafe Card, please call Customer Service at 1-800-STARBUC. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.

Fraud Associated with Your 500 Ocean Cafe Card or Card Balance

We will not accept any 500 Ocean Cafe Card, or will limit use of any 500 Ocean Cafe Card or 500 Ocean Cafe Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. 500 Ocean Cafe does not control who may sell preloaded 500 Ocean Cafe Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, 500 Ocean Cafe has no liability to you for any third-party fraud or unlawful activity associated with any 500 Ocean Cafe Card balance. If 500 Ocean Cafe discovers any 500 Ocean Cafe Card or 500 Ocean Cafe Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted 500 Ocean Cafe Cards and retain all related 500 Ocean Cafe Card balances without notice to you. We may use retained 500 Ocean Cafe Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load 500 Ocean Cafe Cards.

Registration, Liability for Unauthorized Transactions

To register your 500 Ocean Cafe Card, visit https://app.500OceanCafe.com/cards, click “Add” ” and complete the online form. When registering or purchasing a 500 Ocean Cafe Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your 500 Ocean Cafe Card. If you believe your 500 Ocean Cafe Card has been disabled in error, please call 561-396-2704. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your 500 Ocean Cafe Card information. All of your 500 Ocean Cafe Cards can be activated and registered for use in your 500 Ocean Cafe^® Rewards account, but you may only maintain one (1) such account at any time.

You should treat your 500 Ocean Cafe Card like cash and not disclose your 500 Ocean Cafe Card information to anyone. If your 500 Ocean Cafe Card or 500 Ocean Cafe Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your 500 Ocean Cafe Card, including unauthorized transactions. However, if your 500 Ocean Cafe Card is lost, stolen or destroyed, your 500 Ocean Cafe Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.

If your registered 500 Ocean Cafe Card becomes lost, stolen, or damaged, report it as soon as possible either online through your 500 Ocean Cafe account at https://app.500OceanCafe.com/cards, or by calling 561-396-2704. Your registered 500 Ocean Cafe Card balance is protected from the time you notify us. We will freeze the remaining balance on your 500 Ocean Cafe Card at the time you notify us and will load that remaining balance on a replacement 500 Ocean Cafe Card.

Privacy Statement
Please read 500 Ocean Cafe Privacy Policy at https://www.500OceanCafe.com/ privacy-policy 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.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.500OceanCafe.com/card-terms-and-conditions, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing 500 Ocean Cafe Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your 500 Ocean Cafe Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your 500 Ocean Cafe Cards and refund any remaining balance to you.

Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the 500 Ocean Cafe Card including your failure to provide valid information. For example, transferring balances between different 500 Ocean Cafe Cards solely for the purpose of obtaining cash back is an unauthorized use of the 500 Ocean Cafe Card and if we deem it appropriate to limit our losses we will cancel any such 500 Ocean Cafe Card and retain any balances associated with those 500 Ocean Cafe Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled 500 Ocean Cafe Card(s), less any amounts that you may owe us.

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 this Agreement.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this 500 Ocean Cafe Card Agreement, your 500 Ocean Cafe Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the 500 Ocean Cafe Card and 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://www.500OceanCafe.com/contactus/ 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 this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, 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 this Agreement 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 – Washington

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

500 Ocean Cafe and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the 500 Ocean Cafe Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. 500 Ocean Cafe does not represent or warrant that your 500 Ocean Cafe Cards will always be accessible or accepted.

In the event that 500 Ocean Cafe or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your 500 Ocean Cafe Card. 500 Ocean Cafe and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall 500 Ocean Cafe or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a 500 Ocean Cafe Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and 500 Ocean Cafe, and supersedes and merges all prior proposals and all other agreements governing your 500 Ocean Cafe Card (not including 500 Ocean Cafe Privacy Policy https://www.500OceanCafe.com/privacy-policy, the 500 Ocean Cafe.com Terms of Use https://www.500 Ocean Cafe.com/terms-of-use or the 500 Ocean Cafe^® Rewards Terms of Use https://www.500 Ocean Cafe.com/rewards terms, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Inquiries or Questions

If you have any questions regarding this Agreement or your 500 Ocean Cafe Card, please visit our website at https://www.500OceanCafe.com or call us at 561-396-2704.

Effective as of June 7, 2021

Last Revised: June 7, 2021