37 of 69 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
The Terms are labelled "Last Revised: September 2024". The saved copy gives no separate effective date.
Last Revised: September 2024
Legal Rights & Agreement Rules · Restriction or exception
Accessing or using the website counts as accepting these Terms, including any later revisions Starbucks makes. The Terms are a binding agreement between you and Starbucks Corporation (doing business as Starbucks Coffee Company). If you do not agree, the Terms say you should not access or use the website. They also contain disclaimers and limits on Starbucks' liability to you.
ACCESSING OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE
AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME
IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE
THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER
Legal Rights & Agreement Rules · Context
The Terms apply to your access to and use of all or part of any website, web application or mobile application of Starbucks Corporation, its subsidiaries and affiliates. The named sites include starbucks.com, starbucksreserve.com, starbuckscoffeegear.com, stories.starbucks.com and www.shop.starbucks.com, and any other site, app or online service where these Terms are posted. The Terms do not change any other agreement you may have with Starbucks for products, services or otherwise.
These Terms apply to your access to, and use of, all or part of any website, web application, or mobile application of Starbucks Corporation or its subsidiaries and affiliated companies
any other site, mobile application, web application, or online service where these Terms are posted
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Starbucks for products, services or otherwise.
Legal Rights & Agreement Rules · Restriction or exception
If these Terms conflict with any other terms of use that appear on the Sites, these Terms govern. If you navigate away from the Sites to a third-party site, that site may have its own terms, and those govern your use of that site.
In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern.
if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use
Legal Rights & Agreement Rules · Restriction or exception
Starbucks says it makes reasonable efforts to give accurate and timely information about Starbucks Corporation on the Sites, but you should not assume it is always current or complete. For an investment decision about Starbucks, the Terms tell you to consult several sources, including Starbucks filings with the Securities and Exchange Commission.
we make reasonable efforts to provide accurate and timely information about Starbucks Corporation on the Sites
you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Starbucks
if you are making an investment decision regarding Starbucks, please consult a number of different sources
Legal Rights & Agreement Rules · Context
Near the top the Terms flag that they include an arbitration agreement covering disputes between you and Starbucks. In arbitration there is less discovery and appellate review than in court. The Terms say the arbitration agreement and other provisions eliminate your right to a jury trial to the extent allowable under applicable law, and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation. The operative rules are in the Dispute Resolution section.
These Terms include an arbitration agreement that governs any disputes between you and us.
In arbitration, there is less discovery and appellate review than in court.
Eliminate your right to a trial by jury to the extent allowable under applicable law
preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation
Legal Rights & Agreement Rules · Permission or license
You agree that Starbucks may provide notices, disclosures and amendments to the Terms by electronic means, including by changing the Terms through posted revisions on the Sites.
You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
Legal Rights & Agreement Rules · Restriction or exception
You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo
(b) he/she is not listed on any U.S. government list of prohibited or restricted parties
Legal Rights & Agreement Rules · Restriction or exception
Starbucks says it has no liability or responsibility for the acts or omissions of any third-party platform or delivery contractor, including food and product handling. The separate No Liability section also lists participation in Mobile Features among the uses of the Sites for which Starbucks disclaims liability, subject to applicable law.
Starbucks has no liability or responsibility for the acts or omissions of any third-party platform or delivery contractor, including with respect to food and product handling.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW
PARTICIPATION IN MOBILE FEATURES
Legal Rights & Agreement Rules · Restriction or exception
In no event may the Sites be used to harass, abuse, stalk, threaten or defame others or violate their rights; for unlawful, fraudulent or deceptive purposes; to provide sensitive personal information unless Starbucks specifically requests it; to send spam or unsolicited advertising; to encourage conduct that would be a criminal offense or give rise to civil liability; or to impersonate any person or entity or misrepresent your identity or affiliation. The Terms also bar violating these Terms and failing to comply with applicable third-party terms.
(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party
(b) is unlawful, fraudulent, or deceptive
(c) provides sensitive personal information unless specifically requested by Starbucks
(d) includes spam or any unsolicited advertising
(i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability
(l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity
(j) violates these Terms
(m) fails to comply with applicable third party terms
Legal Rights & Agreement Rules · Restriction or exception
The user agrees to defend, indemnify and hold harmless Starbucks, its parent, subsidiaries and affiliates, contractors, service providers, consultants and their employees, agents, officers and directors from all claims, suits, damages, costs, fines, penalties, liabilities and expenses (including attorneys' fees) that arise from or relate to the user's use or misuse of the Sites (including Mobile Features), violation of the Terms or a third party's rights, any User Content or Ideas the user provides, or the user's conduct in connection with the Sites. This does not apply to claims caused by a Starbucks indemnitee's sole negligence. Starbucks may assume exclusive defense and control of a matter otherwise subject to indemnification, and the user must cooperate in asserting available defenses.
The User agrees to defend, indemnify, and hold harmless Starbucks
that arise from or relate to the User’s use or misuse of the Sites,(including Mobile Features), violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites
this indemnification provision shall not apply to any Claims caused by a Starbucks Indemnitee’s sole negligence
Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User
Legal Rights & Agreement Rules · Restriction or exception
Starbucks provides the Sites to you "as is" and you use them at your own risk. To the fullest extent allowable under applicable law, Starbucks disclaims all warranties, express or implied, including that the Sites are merchantable, reliable, available, accurate, fit for a particular purpose, non-infringing, free of defects or viruses, able to operate uninterrupted, or that your use complies with laws applicable to you. It also disclaims that information or orders transmitted through the Sites (including Mobile Features) will be successfully, accurately or securely transmitted or received, that orders will be as placed or ready at the suggested time, or that any particular item ordered will be available. None of these disclaimers apply to warranties related to personal injury.
STARBUCKS IS PROVIDING THE SITES TO THE USER “AS IS” AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, STARBUCKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED
THAT USER INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE SITES (INCLUDING AS PART OF MOBILE FEATURES) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED
THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE
NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY
Legal Rights & Agreement Rules · Restriction or exception
Subject to applicable law, including as to liability for personal injury and non-waivable statutory rights under New Jersey law, Starbucks and its officers, directors, employees, shareholders and agents are not liable to you for use of the Sites or their content (including participation in Mobile Features), for damages from mistakes, errors, interruptions, deletion of files or email, viruses, delays or failures of performance, or for indirect, special, incidental, consequential, punitive or exemplary damages, including lost goodwill or profits, loss, theft or corruption of User Information, personal injury or property damage, or inability to use the Sites. The user's sole remedy is to cease using the Sites or participating in Mobile Features. If you live outside New Jersey, your jurisdiction may not allow limits on liability in consumer contracts, so some or all of these limits may not apply to you.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW
BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE FEATURES
BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE
THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES OR TO CEASE PARTICIPATION IN MOBILE FEATURES
IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU
Legal Rights & Agreement Rules · Restriction or exception
Starbucks may provide third-party content on the Sites (including embedded content) or links to third-party pages, content, applications, products and services, including advertisements and promotions, as a service. It says it does not control, endorse or adopt any Third-Party Content, that a link does not imply affiliation or endorsement, and that it cannot guarantee accuracy or completeness. You acknowledge that Starbucks is not responsible or liable in any manner for Third-Party Content or services provided by third parties, and has no responsibility to update or review it. You agree to use it at your own risk.
We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Starbucks
can make no guarantee as to its accuracy or completeness
Starbucks is not responsible or liable in any manner for any Third-Party Content or services provided by such third parties, and undertakes no responsibility to update or review such Third-Party Content
You agree to use such Third-Party Content or services contained therein at your own risk.
Legal Rights & Agreement Rules · Context
When you use or visit other sites through Third-Party Content, or take part in promotions or business dealings with third parties, the Terms say Starbucks' terms and policies no longer govern and the third-party sites' terms and policies apply instead. You should review those terms and policies, including privacy and data-gathering practices, of any site you navigate to from the Sites. You must comply with any applicable third-party terms when using the Sites.
our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
You must comply with any applicable third-party terms when using the Sites.
Legal Rights & Agreement Rules · Restriction or exception
The Sites, and any Starbucks documents available through them, may contain forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, such as statements about future operations, costs, sales and earnings, trends, plans and projections. These reflect expectations as of the date made, are neither predictions nor guarantees, and actual results may differ materially, including for the risks detailed in Starbucks' filings with the Securities and Exchange Commission. The company assumes no obligation to update them.
may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995
are neither predictions nor guarantees of future events or circumstances
The company assumes no obligation to update any of these forward-looking statements.
Legal Rights & Agreement Rules · Restriction or exception
Information in Starbucks press releases should not be considered accurate or current except as of the date the release was posted, and Starbucks disclaims any duty to update it. Starbucks may link to third-party websites with financial or investment information about Starbucks, does not regularly monitor or control them, does not endorse or adopt them, and makes no representations or warranties about their accuracy or completeness, including analysts' reports and stock quotes. Users visit those sites and use their information at their own risk.
should not be deemed accurate or current except as of the date the release was posted
Starbucks specifically disclaims any duty to update
Starbucks neither regularly monitors nor has control over the content of third parties' statements or websites
nor make any representations or warranties whatsoever regarding the accuracy or completeness
Users visit these websites and use the information contained therein at their own risk.
Legal Rights & Agreement Rules · Restriction or exception
The Dispute Resolution section says it affects your legal rights. It provides for resolving most disputes through individual arbitration instead of court trials and class actions. Arbitration uses a neutral arbitrator instead of a judge or jury, has more limited discovery, and is final and binding with only very limited court review. The section also contains a jury trial waiver and a waiver of 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. The class waiver itself appears later in the section and keeps the parties' right to take part in a class-wide settlement.
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.
Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Legal Rights & Agreement Rules · Restriction or exception
Any dispute or claim arising out of or relating to the Terms, your use of the Sites, or your relationship with Starbucks or any past, present or future subsidiary, parent or affiliate, under any legal theory, is resolved through binding individual arbitration. The clause is meant to be read broadly and covers claims that arose before these or any prior Terms, claims currently the subject of purported class actions in which you are not a member of a certified class, and claims arising after termination. Either party may instead go to small claims court if the case is not removed or appealed to a court of general jurisdiction. Disputes about patents, copyrights, trademarks, trade secrets and claims of piracy or unauthorized use of intellectual property are not covered.
Any dispute or claim arising out of or relating to these Terms, your use of the Sites, or your relationship with Starbucks or any past, present, or future subsidiary, parent or affiliate company or companies
will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction
(a) any dispute or claim that arose before the existence of these or any prior Terms
(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
(c) any dispute or claim that may arise after termination of these Terms
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.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator decides all issues except those reserved for a court in the Terms, issues about the scope, validity and enforceability of the arbitration agreement, class action waiver or the Dispute Resolution section, and issues about the arbitrability of any Dispute. The Terms and arbitration agreement do not stop you from bringing a Dispute to the attention of any government agency. The parties agree the Terms evidence a transaction in interstate commerce and that the arbitration agreement is interpreted and enforced under the Federal Arbitration Act and federal arbitration law.
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide)
(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
do not prevent you from bringing a Dispute to the attention of any government agency
interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law
Legal Rights & Agreement Rules · Procedure
Before arbitration, the party starting a Dispute must send a written notice that identifies the transaction and account, gives contact details, and describes the Dispute and the relief sought, including a calculation. The notice must be personally signed by the party (and counsel if represented). You send it to Starbucks Customer Service through the link given; 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 an arbitration. A court may decide issues about notice sufficiency or compliance at either party's election, stay arbitration, and enjoin arbitrations and fees. Limitations periods are tolled from receipt of a completed notice through the end of the process. Any arbitration demand must also certify compliance with the process.
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
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
Completion of this Mandatory Informal Dispute Resolution Process (“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
Legal Rights & Agreement Rules · Procedure
Any Dispute is administered by and conducted under the rules of the American Arbitration Association (AAA), including its Consumer Arbitration Rules as applicable, as modified by the arbitration agreement. The AAA Rules are available at www.adr.org. You and Starbucks agree the AAA's administrative determination that the arbitration agreement comports with the Consumer Due Process Protocols is final and neither a court nor an arbitrator can revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistently with the agreement, the parties agree on another administrator, and if they cannot, they petition a court to appoint one.
shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement
the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that 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.
Legal Rights & Agreement Rules · Procedure
An arbitration demand must come with a certification of compliance with the informal dispute process and be personally signed by the party starting arbitration (and counsel, if represented). By submitting a demand, the party and counsel represent that they are complying 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 any Dispute seeking $25,000 or more, or injunctive relief, gets an in-person or video hearing unless the parties agree otherwise. Either party may ask the arbitrator for a hearing in any matter. You and a Starbucks representative personally appear at any hearing (with counsel, if represented). An in-person hearing is held in the county or parish where you live or at another mutually agreed location.
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.
Legal Rights & Agreement Rules · Restriction or exception
An arbitrator may award on an individual basis any relief available in a court, including injunctive or declaratory relief, but only in favor of the individual party seeking it and only as needed for that party's individual claim. Each side may bring claims only in its individual capacity and not as a plaintiff or class member in a class, collective, consolidated, private attorney general or representative proceeding, to the fullest extent allowable by applicable law. Unless both agree, the arbitrator may not consolidate more than one person's claims or preside over such proceedings, and must follow and enforce the Terms as a court would. If, after all appeals, those prohibitions on non-individualized injunctive or declaratory relief and on class-type proceedings are held unenforceable for a particular claim or request (for example, public injunctive relief), that claim or request is decided by a court after all other claims are arbitrated. The Governing Law and Jurisdiction section names the courts in King County, Washington for disputes not subject to arbitration or if the arbitration agreement is unenforceable.
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’s individual claim.
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
unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims
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
the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in King County, Washington, United States of America
Legal Rights & Agreement Rules · Procedure
The arbitrator issues a reasoned written decision explaining essential findings and conclusions and applies 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 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.
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.
Legal Rights & Agreement Rules · Procedure
If 25 or more similar Disputes (including yours) are asserted against Starbucks by the same or coordinated counsel, or are otherwise coordinated (a "Multiple Case Filing"), resolution of your Dispute might be delayed and ultimately proceed in court. Counsel meet and confer in good faith to resolve the Disputes, streamline procedures, exchange information, modify the number of Disputes to be adjudicated and conserve resources. If at least 100 Disputes are filed, each side selects 50 to proceed as individual arbitrations (Stage One), then global mediation follows; if unresolved, each side selects 100 more (Stage Two), with mediation again. Remaining Disputes after Stage Two mediation are opted out of arbitration and may proceed in court. Limitations periods are tolled for your Dispute from first submission to the AAA until it is selected, settled, withdrawn, resolved or opted out.
If 25 or more similar Disputes (including yours) are asserted against Starbucks by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), 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
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
counsel for the claimants and counsel for Starbucks shall each select 100 Disputes per side
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
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
Legal Rights & Agreement Rules · Procedure
In a Multiple Case Filing of at least 100 Disputes, counsel for the claimants and for Starbucks each select 50 Disputes to be filed and proceed as individual arbitrations, each before a different arbitrator; the number can be raised by agreement, and if there are fewer than 100 Disputes, all proceed in Stage One. 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. After Stage One, counsel take part in a global mediation with a retired federal or state judge jointly selected by counsel, and Starbucks pays the mediator's fee. Limitations periods stay tolled while your Dispute waits.
If 25 or more similar Disputes (including yours) are asserted against Starbucks by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”)
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
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.
Starbucks shall pay the mediator’s fee
any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute
Legal Rights & Agreement Rules · Procedure
If the remaining Disputes are not resolved after Stage One, each side selects 100 Disputes per side to proceed as individual arbitrations; the number can be raised by agreement, and if there are fewer than 200 Disputes, all proceed in Stage Two. No more than five cases may be assigned to a single arbitrator. A withdrawn case is replaced by another claim. The remaining Disputes are not filed in arbitration and no fees are assessed or collected for them. A second global mediation with a jointly selected retired judge follows, and Starbucks pays the mediator's fee.
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.
Starbucks shall pay the mediator’s fee
Legal Rights & Agreement Rules · Restriction or exception
After Stage Two mediation, each remaining Dispute that is not settled or withdrawn is opted out of arbitration and may proceed in court. Counsel may agree in writing to adjudicate some or all remaining Disputes in individual arbitrations (randomly selected, with mediation elective) or through another agreed process. A court may enforce the multiple-filing procedures, including by enjoining arbitrations and fee assessments. The Terms call these procedures essential: if, after all appeals, a court decides they apply to your Dispute and are unenforceable, your Dispute proceeds only in court.
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
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.
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 the Terms
Legal Rights & Agreement Rules · User right or choice
If Starbucks makes future changes to the arbitration agreement (other than to its contact information), you may reject a change by sending a personally signed written notice to Starbucks Corporation, Law & Corporate Affairs, 2401 Utah Ave S, MS:S-LA1, Seattle, WA 98134, Attention: Litigation Department, within 30 days of the change. The notice does not opt you out of arbitration altogether: by rejecting a change you agree to arbitrate any Dispute with Starbucks under "this version" of the arbitration agreement, which appears to mean the version in force before the change.
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
Starbucks Corporation
Law & Corporate Affairs
2401 Utah Ave S, MS:S-LA1, Seattle, WA 98134
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.
will be resolved through binding individual arbitration
Legal Rights & Agreement Rules · Restriction or exception
You and Starbucks each agree that any proceeding, in arbitration or in court, will be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general or representative action. You each waive any right to bring or take part in such an action in arbitration or in court to the fullest extent allowable by applicable law. The parties keep the right to take part in a class-wide settlement. The arbitration procedures also say each side may bring claims only in its individual capacity and not as a plaintiff or class member in such a proceeding.
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.
the parties retain the right to participate in a class-wide settlement
each may bring claims against the other only in your or our individual capacity
Legal Rights & Agreement Rules · Restriction or exception
To the fullest extent allowable by applicable law, you and Starbucks waive the right to a jury trial.
To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.
Legal Rights & Agreement Rules · Restriction or exception
The Terms and use of the Sites are governed by Washington state 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, the user irrevocably consents to the exclusive jurisdiction of the federal and state courts in King County, Washington for any legal action arising out of or related to use of the Sites or the Terms, and waives objections to personal jurisdiction or venue based on inconvenient forum or any other basis, and any right to seek transfer of venue.
These Terms and use of the Sites are governed by the laws of the state of Washington, United States of America, without regard to Washington’s conflict of laws rules.
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
the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in King County, Washington, United States of America
waives any objections as to personal jurisdiction or as to the laying of venue in such courts
Legal Rights & Agreement Rules · Permission or license
Starbucks reserves the right to change or modify the Terms, or any other Starbucks policies related to use of the Sites, at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites after changes means you accept them. If you do not agree, you should stop using the Sites immediately. The arbitration section separately lets you reject future changes to the arbitration agreement within 30 days by written notice.
Starbucks reserves the right to change or modify these Terms or any other Starbucks policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites.
Continued use of the Sites following such changes or modifications to the Terms or other Starbucks policies will constitute acceptance of such changes or modifications.
If you do not agree to such changes or modifications, you should cease using the Sites immediately.
Legal Rights & Agreement Rules · Restriction or exception
Except as otherwise provided in the Terms, if any provision is found unlawful, void or unenforceable, it is treated as severable and does not affect the validity and enforceability of the remaining provisions.
Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Legal Rights & Agreement Rules · Context
In addition to provisions that by their terms survive termination or expiration, the following sections survive termination of the Terms: Indemnification; Warranties; Disclaimers; No Liability; Dispute Resolution (including the Arbitration Agreement, Class Action Waiver and Jury Trial Waiver); and Governing Law and Jurisdiction.
the following sections shall survive termination of these Terms: (a) Indemnification; (b) Warranties; Disclaimers; (c) No Liability; (d) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (e) Governing Law and Jurisdiction
Legal Rights & Agreement Rules · User right or choice
The Terms say that, under California Civil Code Section 1789.3, California residents are entitled to specific consumer rights information. The provider of the Sites is Starbucks Corporation, 2401 Utah Avenue South, Seattle WA 98134. To file a complaint or get more information about use of the Sites, you can send a letter to that address or email Starbucks with "California Resident Request" as the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information
the provider of the Sites is Starbucks Corporation, 2401 Utah Avenue South, Seattle WA 98134
To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact Starbucks via e-mail
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.