Agreement is with Starbucks Corporation and binds you by buying, loading or using a Card
This Starbucks Card Agreement is between you and Starbucks Corporation and sets the terms for your Starbucks Card. You accept it simply by buying, loading, or using your Starbucks Card. The page states it is effective July 24, 2023.
Supporting quotations
Effective July 24, 2023
This Starbucks Card Agreement ("Agreement") is between you and Starbucks Corporation ("we" or "us") and describes the terms and conditions that apply to your Starbucks Card.
By buying, loading, or using your Starbucks Card, you agree to these terms.
Qualifications & exceptions
Acceptance is by conduct (buying, loading or using the Card); no signature step is described in this section.
The stated effective date is July 24, 2023.
Legal Rights & Agreement Rules · Restriction or exception
Disputes go to individual arbitration, with jury trial and class proceedings waived
The Agreement includes an arbitration agreement that governs disputes between you and Starbucks. It says arbitration has less discovery and appellate review than court, removes your right to a jury trial to the extent applicable law allows, and substantially affects your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation. The Dispute Resolution section describes most disputes being resolved by individual arbitration instead of court trials and class actions, and says each party may bring claims only in an individual capacity to the fullest extent allowable by applicable law. If a prohibition on class, representative or non-individualized injunctive relief is found unenforceable for a particular claim after all appeals (such as public injunctive relief), that claim is decided by a court after other claims are arbitrated.
Supporting quotations
This Agreement includes an arbitration agreement that governs any disputes between you and us.
Eliminate your right to a trial by jury to the extent allowable under applicable law
Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation.
It provides for resolution of most disputes through individual arbitration instead of court trials and class actions.
Arbitration Agreement
To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
Qualifications & exceptions
The jury waiver applies only to the extent allowable under applicable law.
The class and representative waiver applies to the fullest extent allowable by applicable law.
If a prohibition is held unenforceable for a particular claim after exhaustion of all appeals, that claim or request goes to a court after the other claims are arbitrated.
Not stated here
The full arbitration process, carve-outs and opt-out terms are in the Dispute Resolution section and are explained in the cards for those blocks.
Legal Rights & Agreement Rules · Permission or license
Starbucks may give notices and amendments electronically and amend at any time
You agree that Starbucks may provide notices, disclosures and amendments to this Agreement, and other information about your Card, by electronic means, including by posting online at the Agreement page. Starbucks may amend the Agreement at any time by posting the amended Agreement on its website and, for 30 days after posting, also posting a notice that the terms have changed. As permitted by applicable law, a change is effective when the revised Agreement is posted, and unless Starbucks says otherwise it applies to your future and existing Cards. You are deemed to accept changes if you do not notify Starbucks to the contrary in writing within 20 days of the notice (or another time the notice specifies) or if you use any Card after the notice period. If you say you do not accept them, Starbucks will cancel your Cards and refund any remaining balance to you.
Supporting quotations
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Starbucks Card, by electronic means, including by posting such materials and information online at
Changes to This Agreement
We may amend this Agreement at any time.
As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website.
the change, addition, or deletion will apply to your future and existing Starbucks 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 Starbucks Cards after such notice period.
If you notify us that you do not accept the changes, additions or deletions, we will cancel your Starbucks Cards and refund any remaining balance to you.
Qualifications & exceptions
Effective on posting is stated only as permitted by applicable law.
Changes apply to future and existing Cards unless Starbucks states otherwise.
Acceptance is deemed after 20 days without written objection, or such other time as the notice specifies, or on any use of a Card after the notice period.
A refund of the remaining balance is stated for a customer who notifies Starbucks of non-acceptance; the cancellation is by Starbucks.
Legal Rights & Agreement Rules · Context
Rewards terms also apply to registered Cards; the Agreement does not supersede three other terms
When you register your Cards with the Starbucks Rewards program, the Starbucks Rewards terms of use also apply. The entire-agreement clause supersedes prior proposals and other agreements governing your Card, but does not include the Starbucks Privacy Policy, the Starbucks.com Terms of Use or the Starbucks Rewards Terms of Use, as applicable. Those linked documents are not supplied in this source and are not analyzed here.
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When you register your Starbucks Cards with the Starbucks® Rewards program, the Starbucks® Rewards terms of use which can be found at
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Starbucks Corporation, and supersedes and merges all prior proposals and all other agreements governing your Starbucks Card (not including Starbucks Privacy Policy
Qualifications & exceptions
Rewards terms apply when Cards are registered with the Rewards program.
The three named documents are carved out of the entire-agreement clause 'as applicable'.
Not stated here
The linked Rewards terms, Privacy Policy and Starbucks.com Terms of Use are not supplied here, so their content and priority over this Agreement are unknown.
Legal Rights & Agreement Rules · Company practice
Amendments take effect when posted and cover existing Cards; objecting means cancellation and refund
Starbucks may amend the Agreement at any time by posting it on its website, with a change notice posted for 30 days afterwards. As permitted by applicable law, a change is effective when the revised Agreement is posted and, unless Starbucks says otherwise, applies to your future and existing Cards. You are deemed to accept if you do not tell Starbucks otherwise in writing within 20 days of the notice (or another time the notice sets) or you use any Card after the notice period. If you tell Starbucks you do not accept, it will cancel your Cards and refund any remaining balance to you.
Supporting quotations
Changes to This Agreement
We may amend this Agreement at any time.
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.
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 Starbucks Cards after such notice period.
If you notify us that you do not accept the changes, additions or deletions, we will cancel your Starbucks Cards and refund any remaining balance to you.
Qualifications & exceptions
Effectiveness on posting is stated as permitted by applicable law.
Applies to existing Cards unless Starbucks states otherwise.
Objection must be written and made within 20 days of the notice or the time the notice specifies; use of a Card after the notice period is deemed acceptance.
Not stated here
Whether a notice is also sent directly to you, beyond the website posting, is not stated in this section.
Legal Rights & Agreement Rules · Restriction or exception
Most disputes go to final, binding individual arbitration, with small-claims and IP exceptions
The Dispute Resolution section asks you to read it carefully because it affects your legal rights. It provides for most disputes to be resolved through individual arbitration instead of court trials and class actions. Arbitration is described as more informal than a lawsuit, with a neutral arbitrator instead of a judge or jury and more limited discovery. It is final and binding and subject to only very limited court review. The section also contains a jury trial waiver and a waiver of rights to proceed in class, collective, consolidated, private attorney general or representative actions, to the fullest extent allowable by applicable law. Two stated limits: either party may take a Dispute to small claims court if it is not removed or appealed to a court of general jurisdiction, and the defined Dispute excludes claims about patents, copyrights, trademarks, trade secrets, piracy or unauthorized use of intellectual property. The parties also keep the right to participate in a class-wide settlement. An arbitrator may award individual relief available in court, including injunctive or declaratory relief only for the individual party seeking it.
Please read this section carefully. It affects your legal rights.
It provides for resolution of most disputes through individual arbitration instead of court trials and class actions.
Arbitration is final and binding and subject to only very limited review by a court.
This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.
except that either of us may take a Dispute to small claims court
Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief
Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Qualifications & exceptions
'Most disputes' is the section's own phrase; small claims and intellectual property claims fall outside arbitration as described.
The class and jury waivers apply to the fullest extent allowable by applicable law.
Court review of an arbitration is described as 'very limited'.
The parties retain the right to participate in a class-wide settlement.
Not stated here
The informal notice process, hearing options, costs and the other arbitration rules appear in the following blocks and are explained in their own cards.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration clause is read broadly, covering Card use and your relationship with Starbucks and affiliates
Any dispute or claim arising out of or relating to the Agreement, your use of the Card, or your relationship with Starbucks or any past, present or future subsidiary, parent or affiliate, under any legal theory, is a 'Dispute' resolved by binding individual arbitration. The provision is to be interpreted broadly. Disputes include claims that arose before this or any prior Agreement (including advertising claims), claims currently the subject of purported class action litigation in which you are not a member of a certified class, and claims arising after termination. Either party may take a Dispute to small claims court if it is not removed or appealed to a court of general jurisdiction. Disputes do not include claims about patents, copyrights, trademarks, trade secrets, piracy or unauthorized use of intellectual property. The Entire Agreement section says the Dispute Resolution section survives termination of the Agreement.
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Arbitration Agreement
This provision is intended to be interpreted broadly.
Any dispute or claim arising out of or relating to this Agreement, your use of the Starbucks Card, or your relationship with Starbucks or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court
Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising)
(b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement.
Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.
It provides for resolution of most disputes through individual arbitration instead of court trials and class actions.
Entire Agreement, Construction
the following sections shall survive termination of this Agreement: (a) Disclaimers and Limits of Liability; (b) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (c) Governing Law and Jurisdiction.
Qualifications & exceptions
The 'including' list is stated as not limiting ('shall include, but not be limited to').
Small claims court is an exception only if the case is not removed or appealed to a court of general jurisdiction.
Intellectual property claims are excluded from the definition of Dispute.
Legal Rights & Agreement Rules · Restriction or exception
A court decides scope and enforceability; the Federal Arbitration Act governs; agencies remain open
The arbitrator decides all issues except issues reserved for a court in the Agreement, issues about the scope, validity and enforceability of the arbitration agreement, class action waiver or any provision of the Dispute Resolution section, and issues about arbitrability of any Dispute; a court decides those. The Agreement and arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. The parties agree the Agreement evidences a transaction in interstate commerce and that the arbitration agreement is interpreted and enforced under the Federal Arbitration Act and federal arbitration law. Separately, the Governing Law section says the Agreement as a whole is governed by Washington law.
Supporting quotations
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute.
This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency.
this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the state of Washington, United States of America
Qualifications & exceptions
Scope, validity, enforceability and arbitrability questions are for a court, not the arbitrator.
The statement about government agencies concerns bringing a Dispute to an agency's attention; it does not say agencies can resolve it for you.
The Federal Arbitration Act governs the arbitration agreement; Washington law governs the Agreement.
Legal Rights & Agreement Rules · Procedure
Before arbitration you must send a signed written notice and negotiate for 60 days
You and Starbucks agree to try to resolve a Dispute informally first. The initiating party must send a written notice, personally signed by that party (and counsel, if represented), with information identifying the transaction and account, contact details, and a detailed description of the Dispute and relief sought including a calculation. You send it to Starbucks Customer Service through the stated link; Starbucks sends its notice to your most recent contact information. For 60 days from receipt of a completed notice (extendable by agreement) both sides negotiate in good faith, and the receiving party may request a telephone settlement conference that you and a Starbucks representative personally attend. Completing this process is a condition precedent to starting arbitration; a court may decide disputes about notice sufficiency or compliance, any arbitration is then stayed, and the court can enjoin arbitration filings and fee collection. Limitations periods are tolled from receipt of a completed notice until the process ends, and either side may begin arbitration if the Dispute is not resolved. An arbitration demand must be accompanied by a certification of compliance with this process.
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The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information
The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).
If you have the Dispute with us, you must send this notice to our Customer Service department using the appropriate link at
For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute.
Completion of this Mandatory Informal Dispute Resolution Process
is a condition precedent to initiating a claim in arbitration.
All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
An arbitration demand must be accompanied by a certification of compliance with the Process
Qualifications & exceptions
The 60-day period is extendable by agreement of the parties.
Completing the process is a condition precedent to arbitration.
Limitations periods are tolled from receipt of a completed notice through the end of the process.
A party may still seek damages in arbitration for non-compliance with the process.
Legal Rights & Agreement Rules · Procedure
The American Arbitration Association administers arbitration under its Consumer Arbitration Rules, as modified
Arbitration is administered by the American Arbitration Association (AAA) under its rules, including the Consumer Arbitration Rules as applicable, as modified by the arbitration agreement. The parties agree that the AAA's determination that the arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator can revisit it. If the AAA is unavailable or unwilling to administer consistent with the agreement, the parties agree on another administrator; if they cannot, they petition a court to appoint one.
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The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association
as modified by this arbitration agreement.
neither a court nor an arbitrator has the authority to revisit it.
If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
Qualifications & exceptions
AAA rules apply 'as modified by this arbitration agreement'.
The Consumer Arbitration Rules apply 'as applicable'.
Not stated here
The AAA Rules themselves are linked, not supplied here.
Legal Rights & Agreement Rules · Procedure
Arbitration demands must be certified and signed; hearing format depends on the amount and relief sought
An arbitration demand must come with a certification of compliance with the informal process and be personally signed by the party starting arbitration (and counsel, if represented). By submitting it, the party and counsel represent that they comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any Rule 11 sanctions on represented parties and counsel. You may choose a phone, video or in-person hearing, or written submissions, except that any Dispute seeking $25,000 or more, or injunctive relief, gets an in-person or video hearing unless the parties agree otherwise. Either side may ask the arbitrator for a hearing in any matter. You and a Starbucks representative will personally appear at any hearing, and any in-person hearing is held in the county or parish where you live or another mutually agreed place.
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An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented).
The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise.
Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location.
Qualifications & exceptions
Disputes seeking $25,000 or more, or injunctive relief, must have an in-person or video hearing unless the parties agree otherwise.
In-person hearings are in the county or parish where you reside, or another mutually agreed location.
Rule 11 sanctions can apply to represented parties and their counsel.
Legal Rights & Agreement Rules · Restriction or exception
Relief is individual only; no class or consolidated arbitration, with a court fallback if a limit is unenforceable
An arbitrator may award on an individual basis any relief available in court, including injunctive or declaratory relief only for the individual party seeking it and only as far as needed for that party's individual claim. To the fullest extent allowable by applicable law, each side may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. Unless both agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over such a proceeding, and must follow the Agreement as a court would. If, after all appeals, a prohibition on non-individualized injunctive or declaratory relief or on class and representative proceedings is held unenforceable for a particular claim (such as a request for public injunctive relief), that claim is decided by a court after all other claims are arbitrated. The Class Action Waiver paragraph adds that any proceeding, whether in arbitration or court, is on an individual basis, subject to the parties' retained right to participate in a class-wide settlement.
Supporting quotations
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party
To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person
An arbitrator must follow and enforce this Agreement as a court would.
then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
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, collective, consolidated, private attorney general, or representative action.
Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Qualifications & exceptions
The waiver applies to the fullest extent allowable by applicable law.
Consolidation is barred unless both you and Starbucks agree otherwise.
A claim whose limit is found unenforceable goes to court only after the other claims are arbitrated, and only after exhaustion of all appeals.
Legal Rights & Agreement Rules · Procedure
The arbitrator issues a reasoned written decision; awards are limited in preclusive effect
The arbitrator must issue a reasoned written decision explaining essential findings and conclusions, and must apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on an award may be entered in any court of competent jurisdiction, except that an award that has been satisfied may not be entered. An award has no preclusive effect in any other arbitration or proceeding in which you are not a named party.
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The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions.
The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered.
An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Arbitration is final and binding and subject to only very limited review by a court.
Qualifications & exceptions
Cost-shifting under Rule 68 applies after entry of an award.
A satisfied award may not be entered as a judgment.
Legal Rights & Agreement Rules · Procedure
Arbitration fees follow the AAA fee schedule, and the parties agree to keep costs down
Payment of arbitration fees is governed by the AAA Rules and fee schedule. The parties agree they share an interest in reducing arbitration costs and increasing efficiency, either may elect to engage with the AAA about fees, and the parties (and counsel) will work together in good faith to keep arbitration cost-effective. This paragraph does not state who pays which fee; the AAA fee schedule, which is not supplied here, governs.
Supporting quotations
Payment of arbitration fees will be governed by the AAA Rules and fee schedule.
you or we may elect to engage with the AAA regarding arbitration fees
The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association
Not stated here
Who pays which arbitration fee is determined by the AAA Rules and fee schedule, which are not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
25 or more coordinated similar Disputes can be delayed and proceed in court rather than arbitration
Additional procedures apply if you take part in a Multiple Case Filing, defined as 25 or more similar Disputes, including yours, asserted against Starbucks by the same or coordinated counsel or otherwise coordinated. Resolution of your Dispute might then be delayed and ultimately proceed in court, and counsel for both sides must meet and confer in good faith to resolve the Disputes, streamline procedures, address information exchange, modify the number of Disputes to be adjudicated and conserve resources. This sits against the general rule that Disputes are resolved by binding individual arbitration.
Supporting quotations
If 25 or more similar Disputes (including yours) are asserted against Starbucks by the same or coordinated counsel or are otherwise coordinated
the resolution of your Dispute might be delayed and ultimately proceed in court.
their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties
will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court
Qualifications & exceptions
The trigger is 25 or more similar Disputes by the same or coordinated counsel or otherwise coordinated.
Delay and court proceeding are stated as possibilities ('might').
Legal Rights & Agreement Rules · Company commitment
Limitations periods are paused for Multiple Case Filing claims until selected, settled, withdrawn or opted out
If your claim is part of a Multiple Case Filing, applicable limitations periods are tolled from the time the Dispute is first submitted to the AAA until it is selected to proceed in a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration under this provision.
Supporting quotations
any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
Qualifications & exceptions
Tolling starts when the Dispute is first submitted to the AAA.
Legal Rights & Agreement Rules · Procedure
Stage One: up to 100 Disputes proceed in individual arbitrations; the rest wait, then global mediation
If at least 100 Disputes are submitted in a Multiple Case Filing, claimants' counsel and Starbucks' counsel each select 50 to be filed and proceed as individual arbitrations (the number can be raised by agreement; if fewer than 100, all proceed). Each case has a different arbitrator. If a case is withdrawn before an award, another is selected. The remaining Disputes are not filed or deemed filed in arbitration and no arbitration fees are assessed or collected for them. Afterwards counsel take part in a global mediation with a jointly selected retired federal or state court judge to resolve the remaining Disputes, and Starbucks pays the mediator's fee.
Supporting quotations
If at least 100 Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for Starbucks shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process.
Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually.
The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.
counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes
Starbucks shall pay the mediator
Qualifications & exceptions
Applies only to Multiple Case Filings.
Starbucks pays the mediator's fee.
Remaining Disputes are not filed in arbitration and no arbitration fees are assessed for them during this stage.
Not stated here
Stage Two and the later opt-out of arbitration are described in the following blocks and carded there.
Legal Rights & Agreement Rules · Procedure
Stage Two: up to 200 more Disputes proceed in individual arbitrations, then a second global mediation
If Disputes remain unresolved after Stage One, claimants' counsel and Starbucks' counsel each select 100 Disputes to be filed and proceed in individual arbitrations (the number can be raised by agreement; if fewer than 200 remain, all proceed). No more than five cases may go to a single arbitrator. A withdrawn case is replaced by another. The remaining Disputes are not filed or deemed filed in arbitration and no arbitration fees are assessed or collected for them. After Stage Two, the parties hold a global mediation of all remaining Disputes with a jointly selected retired federal or state court judge, and Starbucks pays the mediator's fee.
Supporting quotations
STAGE ONE: If at least 100 Disputes are submitted as part of the Multiple Case Filing
If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Starbucks shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process.
No more than five cases may be assigned to a single arbitrator to proceed individually.
The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.
the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel
and Starbucks shall pay the mediator
Qualifications & exceptions
Follows Stage One and applies only if Disputes remain unresolved.
Starbucks pays the mediator's fee.
Remaining Disputes are not filed in arbitration and no arbitration fees are assessed for them during this stage.
Legal Rights & Agreement Rules · Restriction or exception
After Stage Two mediation, unresolved Disputes are opted out of arbitration and may go to court
After the mediation in Stage Two, each remaining Dispute that is not settled or withdrawn is opted out of arbitration and may proceed in a court of competent jurisdiction. Counsel for both sides may instead agree in writing to adjudicate some or all remaining Disputes in individual arbitrations (with random selection and elective mediation) or through another mutually agreeable process. A court can enforce the Additional Procedures for Multiple Case Filings, including enjoining the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Limitations periods are tolled for these claims until they are selected, settled, withdrawn, resolved or opted out.
Supporting quotations
any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.
Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
Qualifications & exceptions
Opt-out to court applies to Disputes not settled or withdrawn after the Stage Two mediation.
Counsel may mutually agree in writing to keep Disputes in arbitration or another process.
Limitations periods are tolled for the Multiple Case Filing claim until it is selected, settled, withdrawn, resolved or opted out.
Legal Rights & Agreement Rules · Restriction or exception
If the multiple-filing procedures are held unenforceable, your Dispute goes only to court
The Additional Procedures for Multiple Case Filings and each of its requirements are essential parts of the arbitration agreement. If, after all appeals, a court decides they apply to your Dispute and are not enforceable, your Dispute will not proceed in arbitration and will proceed only in court.
Supporting quotations
The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration agreement.
then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.
Qualifications & exceptions
Applies only after exhaustion of all appeals and a court finding that the procedures apply and are unenforceable.
Legal Rights & Agreement Rules · User right or choice
You can reject future changes to the arbitration agreement within 30 days, but not opt out of arbitration
If Starbucks makes future changes to the arbitration agreement (other than a change to its contact information), you may reject a change by sending a personally signed written notice to the Starbucks Law & Corporate Affairs Litigation Department address given in the Agreement within 30 days of the change. Rejecting a change is not an opt-out of arbitration altogether: you agree to arbitrate any Dispute under the version of the arbitration agreement you did not reject.
Supporting quotations
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change
Attention: Litigation Department
Such written notice does not constitute an opt out of arbitration altogether.
By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Starbucks in accordance with this version of the arbitration agreement.
Qualifications & exceptions
Contact-information changes cannot be rejected.
Notice must be personally signed, written, and sent within 30 days of the change.
Rejection keeps you in arbitration under the earlier version.
Not stated here
The Agreement does not describe an opt-out of arbitration altogether.
Legal Rights & Agreement Rules · Restriction or exception
You and Starbucks waive class and representative actions and the right to a jury trial
You and Starbucks agree that any proceeding, in arbitration or in court, will be on an individual basis and not in a class, collective, consolidated, private attorney general or representative action, and waive any right to bring or take part in such an action, to the fullest extent allowable by applicable law. The parties keep the right to participate in a class-wide settlement. To the fullest extent allowable by applicable law, you and Starbucks also waive the right to a jury trial.
Supporting quotations
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, collective, consolidated, private attorney general, or representative action.
You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law.
Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.
To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
Qualifications & exceptions
Both waivers apply to the fullest extent allowable by applicable law.
The right to participate in a class-wide settlement is retained.
The waiver applies in arbitration and in court.
Legal Rights & Agreement Rules · Restriction or exception
Washington law governs; if arbitration does not apply you consent to King County, Washington courts exclusively
The Agreement is governed by Washington law without regard to its conflict-of-laws rules, and the UN Convention on Contracts for the International Sale of Goods does not apply. If the arbitration agreement is ever deemed unenforceable or void, or a Dispute is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in King County, Washington, and waive objections to personal jurisdiction or venue there, including on inconvenient-forum grounds or any right to transfer venue. The Agreement separately lets either party take a Dispute to small claims court; this block does not say whether those small claims actions must also be in King County.
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Governing Law and Jurisdiction
This Agreement is governed by the laws of the state of Washington, United States of America
The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
If the arbitration agreement is ever deemed unenforceable or void, or a Dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in King County, Washington, United States of America
will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court
Qualifications & exceptions
The exclusive King County courts clause applies only if arbitration is unenforceable or void or the Dispute is not subject to arbitration.
Washington's conflict-of-laws rules are disregarded.
The arbitration agreement itself is stated to be governed by the Federal Arbitration Act.
Not stated here
Whether small claims actions allowed by the arbitration clause must be brought in King County is not stated.
Legal Rights & Agreement Rules · Restriction or exception
No warranties on the Card, and no promise it will always be accessible or accepted
Starbucks and its affiliates make no representations, warranties or conditions of any kind, express or implied, about the Starbucks Card, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties from usage of trade, course of dealing or course of performance. Starbucks does not represent or warrant that your Cards will always be accessible or accepted.
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Disclaimers and Limits of Liability
Starbucks and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Starbucks Card
Starbucks does not represent or warrant that your Starbucks Cards will always be accessible or accepted.
Qualifications & exceptions
The disclaimer covers Starbucks and its affiliates.
Some jurisdictions do not allow such disclaimers; see the card on jurisdictions where limits may not apply.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at your last Card balance, excludes indirect and punitive damages, and excludes theft and delay
If Starbucks or its affiliates are found liable to you, you may recover only actual and direct damages, capped at the last balance held on your Card. They have no liability for incidental, indirect, consequential, punitive or exemplary damages, including lost profit, revenue or use, under any legal theory and even if advised of the possibility. They also have no liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or for delay or mistake from circumstances beyond their control. This sits with the Fraud section, which says Starbucks has no liability for third-party fraud or unlawful activity associated with a Card balance.
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In the event that Starbucks 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 Starbucks Card.
Starbucks 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
In no event shall Starbucks or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Starbucks 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.
Fraud Associated with Your Starbucks Card or Card Balance
Consequently, Starbucks has no liability to you for any third-party fraud or unlawful activity associated with any Starbucks Card balance.
Qualifications & exceptions
The cap is the last balance held on the Card.
Applies under any legal theory (contract, warranty, tort including negligence, product liability, strict liability or other).
Jurisdictions that do not allow some limits may override them (see the jurisdiction card).
Legal Rights & Agreement Rules · User right or choice
Where local law does not allow the disclaimers or damage limits, they may not apply to you
Some states or jurisdictions do not allow limits on implied warranties or the exclusion or limitation of certain damages. If those laws apply, some or all of the disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those in the Agreement. In those jurisdictions, Starbucks's liability is limited to the greatest extent permitted by law.
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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.
Qualifications & exceptions
Applies only where a jurisdiction's law prohibits the limits; which jurisdictions is not stated.
Not stated here
The Agreement does not identify which states or jurisdictions prohibit these limits.
Legal Rights & Agreement Rules · Permission or license
Starbucks may assign the Agreement without notice and be released; you may not assign without written consent
Starbucks may assign all or part of the Agreement without notice to you, and is then released from all liability. You may not assign the Agreement without Starbucks's prior written consent, and an attempted assignment is void.
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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.
Qualifications & exceptions
Starbucks needs no notice or consent to assign; you need prior written consent.
Legal Rights & Agreement Rules · Context
Entire agreement, with severability and survival of disclaimers, dispute resolution and governing law
The Agreement is the complete and exclusive statement of agreement between you and Starbucks Corporation and supersedes prior proposals and other agreements governing your Card, not including the Privacy Policy, the Starbucks.com Terms of Use or the Rewards Terms of Use, as applicable. Except as otherwise provided, an unlawful, void or unenforceable provision is severed and does not affect the rest. Beyond provisions that survive by their own terms, the Disclaimers and Limits of Liability, Dispute Resolution, and Governing Law and Jurisdiction sections survive termination. The arbitration clause itself covers claims arising after termination, and Starbucks may suspend or terminate the Agreement at any time. Where specific arbitration limits are found unenforceable for a particular claim after all appeals, that claim is decided by a court after other claims are arbitrated.
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Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Starbucks Corporation, and supersedes and merges all prior proposals and all other agreements governing your Starbucks Card (not including Starbucks Privacy Policy
Except as otherwise provided herein, if any provision of this Agreement, shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
the following sections shall survive termination of this Agreement: (a) Disclaimers and Limits of Liability; (b) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (c) Governing Law and Jurisdiction.
(b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement.
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.
If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief)
Qualifications & exceptions
The Privacy Policy, Starbucks.com Terms of Use and Rewards Terms of Use are carved out 'as applicable'.
Severability opens with 'Except as otherwise provided herein'.
The three named sections survive termination in addition to any provision that survives by its own terms.
Not stated here
The carved-out documents are linked but not supplied here.