FOXTAIL COFFEE LOYALTY PROGRAM TERMS & CONDITIONS
 

The Program. 

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The Foxtail Coffee Loyalty Program (the “Program”) allows you to earn rewards in connection with your App at participating Foxtail Coffee cafes and to redeem those cumulative points for rewards (collectively, the “Foxtail Coffee Loyalty Rewards”), all as set forth in these “Terms and Conditions.” Please read these Terms and Conditions carefully, and keep them with your records. By enrolling in the Program, you agree to these Terms and Conditions, as they may be modified from time to time in our sole discretion (with the exceptions noted in the Disputes Section below). This Program is void where prohibited by federal, state, or local law, and Foxtail Coffee Loyalty may be restricted by federal, state, or local law.

 

THESE TERMS AND CONDITIONS INCLUDE A WAIVER OF CERTAIN RIGHTS, INCLUDING TO SUE IN COURT OR TO PURSUE A CLASS ACTION. SEE DISPUTES SECTION BELOW. 

 

Definitions.  

 

“Administrator” means any company we engage to provide administrative services for the Program. The Program is a service of Foxtail Coffee managed by Administrators who are solely responsible for the administrative services for the Program. 

 

“Foxtail Coffee,” “we,” “our,” “ours,” and “us” refer to Foxtail Coffee Company, LLC and all of its affiliates, subsidiaries, franchisees and their respective successors and assigns.

 

“Foxtail Coffee Loyalty Rewards Account” refers to each individual participant’s account which includes a record of the Points (as defined below)and other offers you have earned and redeemed through the Program.

“Member” means the person identified in our records as the holder (or owner) of the Foxtail Coffee Loyalty Rewards Account.

 

“Program Website” refers to foxtailcoffee.myguestaccount.com.

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“Suppliers” mean any independent third party that we or the Administrator engages to provide services, Rewards, or other benefits for the Program.

 

“You” and “your” refer to any person or entity participating in the Program.

Program Eligibility.

 
To be eligible to create a Foxtail Coffee Loyalty Rewards Account, to participate in the Program, and to earn and redeem points, you must be at least 18 years of age (or 13 years of age with parental consent) and have a valid email address and mobile phone number.

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Each person may set up one (1) Foxtail Coffee Loyalty Rewards Account. A Foxtail Coffee Loyalty Rewards Account is unique to the individual Member holding the account and may be associated only with a valid single email address and a valid mobile phone number. The same mobile phone number may not be associated with more than one Foxtail Coffee Loyalty Rewards Account, nor may the same email address be associated with more than one Foxtail Coffee Loyalty Rewards Account. The Foxtail Coffee Loyalty Member or an immediate family member of the Member must be present to earn rewards for the transaction. In addition to the rights set forth, at Foxtail Coffee’s sole discretion and without the necessity of notice to you, any Foxtail Coffee Loyalty Rewards Accounts created in violation of these requirements are subject to suspension until such account is brought into compliance by the Member, and/or such account is brought into compliance with these requirements by Foxtail Coffee (although it is under no obligation to bring any such account into compliance).  

Participating Locations.

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Program Members may earn and redeem Points only at participating Foxtail Coffee locations, which are subject to change from time to time at Foxtail Coffee’s discretion.

 
Enrollment and Points.

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You may enroll in the Program by visiting our Website, mobile site, or App and following the enrollment instructions described in such locations. Each Member will have access to a personal Foxtail Coffee Loyalty Rewards Account page during his/her membership. You may access your Foxtail Coffee Loyalty Rewards Account by visiting the Website and signing in to your account. It is your sole responsibility to safeguard any passwords associated with your Foxtail Coffee Loyalty Rewards Account and to make sure that your contact information in your Foxtail Coffee Loyalty Rewards Account remains current and complete; Foxtail Coffee disclaims any responsibility for the accuracy of a Member’s Foxtail Coffee Loyalty Rewards Account contact information. Once you have successfully enrolled in the Program, you may begin earning Points by performing the qualifying activities described below. You will not receive credit for any activity that occurred before your enrollment. You may continue to earn Points so long as Foxtail Coffee, in its sole discretion, determines that you are eligible for participation in the Program. 

Program Rewards.

This Program is a spend-based Program that allows you to earn Points based on the amount of eligible spend at any of our participating brand locations, as described below.

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To receive Points, you must visit any of our participating locations, and your qualifying dollar spend amount means the amount of your bill on each visit, excluding any purchases of gift cards, applied discounts, value of free items, taxes, delivery fees, third-party delivery fees, and/or tips. Each Member’s spend at a participating location may qualify only once as earning Points. You must identify yourself as a Member to our Team Member for qualifying spend to be credited to your Foxtail Coffee Loyalty Rewards Account.

Upon successfully achieving the required qualifying spend, your Foxtail Coffee Loyalty Rewards Account will be enabled so that you can redeem your Points for a reward as described below.

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Foxtail Coffee Loyalty Structure

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Enrollment reward = 50 bonus points

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100 Points = Free Beverage up to $10 in value

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All Points must be used within sixty (60) days from the date they are issued unless otherwise agreed to by Foxtail in writing.

 
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Additional Points Opportunities.

 
From time to time, we may award bonus Points for other activities or purchases (“Bonus Points”). The terms and conditions for each award may vary, including how bonus Points are earned, how the activity or purchase amount eligible for bonus Points is determined, and when the applicable reward expires. Any such Points will be subject to these Terms and Conditions and any additional terms and conditions applicable to the Points. To redeem a reward, it must be used by the stated expiration date of such Points. If no expiration date is specifically applicable to such bonus points, then in such event, those Bonus Points shall expire 60 days from the date those Bonus Points were issued. Rewards are valid for food and beverage purchases only and have no cash value.

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When Points Are Credited.

 
Points will be credited to your Foxtail Coffee Loyalty Rewards Account within 24 hours from the time they are earned.

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Statement of Points.

 
Your Foxtail Coffee Loyalty Rewards Account will show accumulated totals of Points earned, adjusted, and redeemed, and your current Points balance. You may access your Foxtail Coffee Loyalty Rewards Account: 

 

By logging on directly to the Program Website or logging into the Foxtail Coffee Loyalty App.

 
You must report any errors in your Foxtail Coffee Loyalty Rewards Account that are related to Points earned, adjusted, or redeemed within thirty (30) days after the date the error appears on the account. We have no obligation to correct any errors reported after these 30 days, and any such corrections will be made at our sole discretion. To receive credit for a visit, an itemized receipt or credit card payment receipt that contains the date of the visit and the total amount spent must be submitted. A Member can submit the request by contacting our Foxtail Coffee Loyalty Support group at support@foxtailcoffee.com. To receive credit, you must be a registered Member at the time of the visit. We will not be liable for any damages resulting from any failure to credit Points to your Foxtail Coffee Loyalty Rewards Account promptly.

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Redeeming Points.

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Members may redeem Points in the following way:

 
By visiting a participating location and identifying himself/herself as a Member to the Team Member and asking the Team Member to apply the reward.

 
You can redeem a reward only if your Foxtail Coffee Loyalty Rewards Account shows that you have that particular reward on your Foxtail Coffee Loyalty Rewards Account. When you redeem a reward, we will subtract the Points from your total accumulated balance as shown on your Foxtail Coffee Loyalty Rewards Account. Points that have not yet been credited to your Foxtail Coffee Loyalty Rewards Account are not available and cannot be redeemed until they have been credited to your account. Members may earn only those rewards described on the Program Website, as they may change from time to time at our sole discretion. From time to time, we may send you electronic updates of current rewards.

 
All rewards are subject to availability, have no cash value, and cannot be purchased or sold for cash. Additional restrictions may apply. Foxtail Coffee and the Administrator may alter, substitute, withdraw, change, discontinue, temporarily suspend, terminate, or replace any reward for any reason at any time without notice to you. Neither the Administrator, Suppliers, nor Foxtail Coffee guarantees or represents that any specific reward will be available for any particular length of time. Neither the Administrator, Suppliers, nor Foxtail Coffee will be responsible for errors, omissions, or delays in the handling or delivery of rewards.

 
Unredeemed rewards will expire sixty (60) days from the date on which they were credited to your Foxtail Coffee Loyalty Rewards Account. Points will be redeemed and/or expired on a first-in, first-out basis. Rewards have no partial or residual value. Rewards cannot be combined or reinstated, and cannot be bought, sold, or transferred in any way.

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Tax Liability and Fees.

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You will be responsible for any federal, state, or local taxes resulting from your earning or redeeming Points and/or rewards.

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Program Changes and Termination.

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The Program is offered at the sole discretion of Foxtail Coffee. We reserve the right, in our sole discretion and at any time: (a) to terminate or suspend the Program, in whole or in part; and (b) to add, delete, or otherwise change any of the Terms and Conditions, including changes to fees, changes to the activities by which Rewards may be earned, and changes that may reduce or cancel the redemption value of Rewards credited but not yet redeemed. If we change the Terms and Conditions to provide Rewards for a new activity, no Rewards will be awarded for any activity that occurred before the effective date of the change. We may change the Terms and Conditions without prior notice to you, but the current version of the Terms and Conditions will be posted on the Program Website. By continuing to participate in the Program following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions.

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In addition, we reserve the right to terminate your participation in the Program and to invalidate all or a portion of your Points balance, whether or not credited to your Foxtail Coffee Loyalty Rewards Account (a) in the event of any abuse or fraud relating to the earning or redemption of rewards, and/or any violation of the Terms and Conditions (including any attempt to sell, exchange, encumber or transfer Points); or (b) for your failure to meet eligibility requirements. We reserve the right, in our sole discretion, to determine whether termination or disqualification is appropriate. We reserve the right to deny access to your account or account history in the event your account is terminated. These rights are in addition to any other legal or equitable remedy that may be available to Foxtail Coffee under applicable law.

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You may terminate your participation in the Program at any time by contacting us by email at support@foxtailcoffee.com. A period of extended inactivity on a Foxtail Coffee Loyalty Rewards Account may result in the termination of such account. In the event we terminate the Program, your Foxtail Coffee Loyalty Rewards Account, or you terminate your participation in the Program, within the ninety (90) days following this event you may redeem any rewards that have been credited to your Foxtail Coffee Loyalty Rewards Account, unless such Points have been invalidated as outlined in the preceding paragraphs, per these Terms and Conditions. You will forfeit any Points or rewards that you do not redeem within this ninety (90) day period.

Legal Compliance:

Foxtail Coffee and its Administrator may disclose your information or terminate your Program participation as required to comply with applicable federal, state, or local laws, legal proceedings, or requests from law enforcement or regulatory agencies. You agree that any violations of these Terms, fraud, or unlawful conduct may result in suspension or termination of your Foxtail Coffee Loyalty Rewards Account without notice.

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Foxtail Coffee Loyalty Disclaimer.

 
The Administrator and the Suppliers are independent contractors and are not affiliated with Foxtail Coffee. Foxtail Coffee, the Administrator, and Suppliers do not warrant the quality, merchantability, or fitness for a particular purpose of any Foxtail Coffee Loyalty you procure. Foxtail Coffee, the Administrator, and the Suppliers will not be liable or responsible for any loss, damage or injury to property or person that may arise or result from participating in the Program, redeeming Points, or using Points or by any cause, condition or event beyond the control of Foxtail Coffee, the Administrator or the Supplier. Foxtail Coffee is not responsible and shall not have any liability for typographical errors and/or omissions in any Program materials. Foxtail Coffee and the Administrator reserve the right to adjust your Rewards Account at any time to correct any incorrect Reward balance, including the right to reverse any Rewards that were credited in error and/or not legitimately earned in accordance with these Terms and Conditions. Foxtail Coffee decisions regarding the interpretation of these Terms and Conditions and the awarding of Rewards shall be at its sole discretion, shall be final and not subject to appeal.

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Release.

 
By using the Website, App, becoming a Member or redeeming Points for rewards, you hereby agree to release, discharge, and hold harmless Foxtail Coffee, Administrator, Suppliers and their respective managers, officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for claims resulting from any acts or omissions of the Released Parties in providing or failing to provide services in connection with the Program, and from any cause, condition or event beyond the control of Foxtail Coffee, Administrator or Supplier. You also agree to release, discharge, and hold harmless the Released Parties from all liability for any accident, injury, claims, damages, loss, expense, inconvenience or damages, arising out of: (a) your participation in, or failure to participate in, the Program, (b) the use of or defect in any Reward.

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IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE OR APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

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The sole extent of Released Parties’ liability, if at all, shall not exceed the actual retail value of the reward in dispute. You agree that any claim under these Terms and Conditions must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred.

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Use of the Program Website.

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The Administrator operates the Program Website, which provides additional information regarding the Program and, if you are a registered user of the Program Website, also gives you access to your Foxtail Coffee Loyalty Rewards Account. The Program Website itself is governed by separate terms and conditions. Please read those terms and conditions carefully, as they describe your rights and obligations concerning the Program Website. Certain features or services offered on or through the Program Website require that you become a registered user, including establishing a username and password. You alone are responsible for maintaining the confidentiality of your online profile information, including your username and password, and for any activity that occurs on your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username, or password, or any other breach of security. Regardless of when you notify us, you agree that we will not be liable for losses incurred by you or any other user of or visitor to the Program Website as a consequence of the use of your username, password, or online profile by someone else. You agree not to use another person’s username, password, or online profile at any time without the express permission and consent of that person. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.

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Assignment.

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You may not transfer or assign your Points or any other Program benefits.

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Communications with You.

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We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communications, including e-mails. You consent to the receipt of all Foxtail Coffee Rewards, correspondence, transaction confirmations, and other information from us electronically through access to the Program Website, your Foxtail Coffee Loyalty Rewards Account on the Program Website, or the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Program Website or otherwise not receiving electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether received or not. From time to time, we may monitor and record reciprocal communications for training or compliance purposes, to provide a record of your instructions or to assure the quality of our service, and you hereby consent to the monitoring and recording of your conversations with us. In addition, we may periodically use automatic texting services to send text messages to any telephone number associated with your Account. You agree that we may rely on any oral and electronic instructions from you to us. You are solely responsible for updating the contact information in your Foxtail Coffee Loyalty Rewards Account should there be any change in your name, address (including email addresses you use with us), or telephone number(s).

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Information We Collect and Use.

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Information collected from Members is subject to the Sponsor’s Privacy Policy, located at Privacy Policy. By applying for enrollment in and participating in the Program, you are agreeing that we may use your information as described in our Privacy Policy. You are also agreeing to review these Terms and Conditions and the Privacy Policy regularly so that you can make informed decisions about your use of our Program Website, your participation in the Program, and the personal information you choose to share with us. You may obtain a copy of the Foxtail Coffee Privacy Policy at any time by visiting Foxtail Coffee’s Privacy Policy.

Cookies and Tracking:

When accessing the Program Website, we may use cookies, web beacons, and other tracking technologies to enhance user experience, monitor performance, and improve site features. See our Privacy Policy for more information.

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Disputes.

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You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and Conditions and/or Program, you will send a written notice to us (“Demand”). You agree that the requirements of this Disputes Section will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send this Demand to the following address (the “Notice Address”): Foxtail Coffee, Attn: Legal Office, 1801 Lee Road Suite 301, Winter Park FL 32789.You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand.

 
Arbitration.

 

If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, you must effect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.

Waivers.

 

You agree that you will not file any lawsuit against us in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

We agree that we will not file a class or collective action against you, and that we will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms and Conditions and/or the Program. We agree that we will submit all disputes with you to arbitration before the Arbitrator.

Notwithstanding any other provision herein, you will not be bound by any changes we make to this Disputes Section unless you are provided prior notice by mail, e-mail, text, or other direct notification and do not cancel your enrollment. If you do cancel your enrollment in the Program, you will still be bound to the most recent Terms and Conditions operative when your enrollment was active.

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Waiver of Class and Jury Trials

You and Foxtail Coffee waive any right to a jury trial or to participate in a class action, class arbitration, or other representative proceeding. Disputes must be brought in an individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding.

MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PROGRAM, THE GRANTING OF REWARDS, AND THESE TERMS AND CONDITIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.

Governing Law and Venue

This Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. All arbitration proceedings shall be held in Florida unless otherwise required by law.

Limitation of Liability

To the fullest extent permitted by law, you agree that Foxtail Coffee’s total liability under any claim shall not exceed the value of the last reward earned in your Loyalty Account, or $100, whichever is greater. No incidental, consequential, punitive, or special damages shall be awarded.

 

Choice of Law, Jurisdiction and Venue.

 
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Member, Foxtail Coffee Loyalty and Administrator in connection with the Program and these Terms and Conditions, shall be governed by, and construed under, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.

Miscellaneous Terms.

 
If at any time any provision of these Terms and Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms and Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision (except as noted in Disputes Section); and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms and Conditions (except as noted in Disputes Section). No delay by Foxtail Coffee in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of Foxtail Coffee nor will any waiver of rights by Foxtail Coffee in any given instance operate as a waiver of any subsequent breach by any person of any provision of these Terms and Conditions.

 

Entire Agreement. 
 

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us to the Program and your participation in it, and any prior agreements concerning any other rewards program are superseded by these Terms and Conditions. These Terms and Conditions and the Program are governed by the state and US laws, without regard to its conflicts of law principles. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Suppose any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid. In that case, you and we agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.
 

Cross Reference to Privacy Policy

 

These Terms are subject to and incorporate by reference Foxtail Coffee’s Privacy Policy, which includes important information regarding how your personal data is collected, used, stored, and shared. The Privacy Policy is available at https://www.foxtailcoffee.com/privacy-policy. If you do not agree with the Privacy Policy, you should not enroll in or participate in the Program.

To Contact Us. 
 

To contact us about the Program, you can email us at support@foxtailcoffee.com.