BY ACCEPTING THIS AGREEMENT, EITHER BY NAVIGATING AROUND THE WEBSITE AND OR J&J APP, CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU REPRESENT THAT YOU AGREE WITH THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS YOU MUST NOT USE THE THIS WEBSITE.
EFFECTIVE DATE: APRIL 5, 2025.
1. DEFINITIONS.
1.1 “JAVA & JAM”, “RESTAURANT”, “WE”, “US,” OR “OUR”, AND/OR THE “COMPANY” MEANS DINER 301, LLC OR ITS SUBSIDIARIES, INCLUDING THE RESTAURANT PEOPLE OR ANY OF THE RESTAURANT PEOPLE BRAND(S) PROVIDING SERVICES TO YOU, AS APPLICABLE.
1.2 “SERVICE” MEANS THIS SITE, THE J&J APP, AND ANY AND ALL CONTENT, SOFTWARE, DATA, INFORMATION AND MATERIALS CONTAINED THEREIN AND TRANSACTIONS COMPLETED THEREON, INCLDUING THE “JAVA & JAM REWARDS PROGRAM”, “BEAN COUNTER”, “PROGRAM” AND/OR “J&J APP”.
1.3 “THIRD PARTY CONTENT” MEANS CERTAIN THIRD PARTY ANALYSIS, CONTENT, TOOLS, FEATURES, MATERIALS, WEBSITES, SERVICES OR ADVERTISEMENTS WHICH JAVA & JAM MAKES AVAILABLE ON OR THROUGH THIS SERVICE, OR TO WHICH JAVA & JAMLINKS ON ANY SITE.
1.4 “YOU” OR “YOUR” MEANS THE INDIVIDUAL WHO IS NAVIGATING THE SITE, THE J&J APP, OR ENGAGING IN TRANSACTIONS WITH THE SERVICE.
1.5 “JAVA & JAM LOCATION” MEANS THE JAVA & JAM RESTAURANT LOCATED AT 301 EAST LAS OLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301.
1.6 “CASHBACK POINTS” MEANS REWARDS THAT ARE EARNED ON ELGIBILE PURCHASES MADE EXCLUSIVELY AT THE JAVA & JAM LOCATION AND MAY BE APPLIED AS A PAYMENT METHOD THAT WILL BE AVAILABLE FOR REDEMPTION FOR FUTURE ELIGIBLE PURCHASES EXCLUSIVELY AT THE JAVA & JAM LOCATION.
1.7 “MEMBER” MEANS THE INDIVIDUAL PERSON IDENTIFIED IN OUR RECORDS AS THE HOLDER (OR OWNER) OF THE CASHBACK POINTS.
2. BINDING AGREEMENT.
2.1 ANY OTHER TERMS AND CONDITIONS FOUND ON THIS SITE AND THE J&J APP THAT GOVERN PARTICULAR FEATURES OF THE SITE OR PRODUCTS OR SERVICES FOUND ON THIS SITE (THE “ADDITIONAL TERMS”) ARE INCORPORATED INTO THE TERMS BY THIS REFERENCE. THE TERMS AND ANY ADDITIONAL TERMS (COLLECTIVELY, THE “AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE J&J APP. THE AGREEMENT SETS FORTH THE ENTIRE, FINAL AND EXCLUSIVE AGREEMENT BETWEEN JAVA & JAM AND YOU WITH RESPECT TO YOUR USE OF, AND ACCESS TO, THE SERVICE, AND SUPERSEDES ALL PREVIOUS ORAL AND WRITTEN TERMS, REPRESENTATIONS, OR UNDERSTANDINGS CONCERNING YOUR USE OF, AND ACCESS TO, THIS SERVICE. THIS AGREEMENT IS EFFECTIVE BETWEEN YOU AND JAVA & JAM AS OF THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT.
2.2 THE SITE OR J&J APP IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE SITE WITH PARENTAL OR GUARDIAN PERMISSION.
2.3 JAVA & JAM SHALL NOT PROVIDE ANY SERVICES OR PROVIDE ANY BENEFIT TO THE EXTENT THAT THE PROVISION OF SUCH SERVICES OR BENEFIT WOULD VIOLATE APPLICABLE LAW OR EXPOSE JAVA & JAM OR ITS AFFILIATES TO ANY SANCTION, PROHIBITION OR RESTRICTION UNDER UN SECURITY COUNCIL RESOLUTIONS OR UNDER OTHER TRADE OR ECONOMIC SANCTIONS, LAWS OR REGULATIONS.
2.4 BY USING THE SERVICE, YOU AGREE TO TRANSACT ELECTRONICALLY THROUGH THE SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT/ACTION, CONSTITUTES YOUR SIGNATURE AS IF ACTUALLY SIGNED BY YOU IN WRITING. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE.
2.5 BY USING THE SERVICE, YOU EXPRESSLY AGREE TO JAVA & JAM’S USE OF THIRD PARTY SERVICE PROVIDERS TO COLLECT AND USE INFORMATION RELATED TO YOUR USE OF THE SERVICES, INCLUDING THE COLLECTION AND USE OF CLICK-STREAM DATA, VIDEO WATCHING HISTORY, AND SIMILAR TYPES OF USE AND NAVIGATION INTERACTIONS YOU HAVE ON THE SITE OR USE OF THE SERVICE.
2.6 BY PROVIDING YOUR TELEPHONE NUMBER, YOU ARE PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM JAVA & JAM, (INCLUDING ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, AND AFFILIATES FOR THE PURPOSES OF DEFINED ABOVE) FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO MARKETING VARIOUS SERVICES FROM JAVA & JAM AND THE RESTAURANT PEOPLE AND COMPANIES JAVA & JAM AND THE RESTAURANT PEOPLE HAVE JOINT MARKETING AGREEMENTS WITH. ADDITIONALLY, YOU AGREE TO RECEIVE COMMUNICATIONS FROM JAVA & JAM REGARDING ANY SERVICE, AND ANY INFORMATION YOU MAY HAVE OBTAINED VIA YOUR USE OF A WEBSITE OR THE J&J APP. YOU AGREE THAT THESE COMMUNICATIONS INCLUDE, BUT ARE NOT LIMITED TO, THE USE OF AN AUTOMATED TELEPHONE DIALING SYSTEM, PRERECORDED AND/OR ARTIFICIAL VOICE, SMS, MMS, TEXT, FAX, EMAIL OR OTHER SIMILAR MEANS, REGARDLESS OF WHETHER YOUR PHONE NUMBER IS REGISTERED ON A STATE OR FEDERAL DO NOT CALL LIST. YOU AGREE THAT JAVA & JAM IS NOT RESPONSIBLE FOR ANY CHARGES TO YOU REGARDING THESE COMMUNICATIONS. STANDARD VOICE AND DATA RATES MAY APPLY. FURTHER, YOU UNDERSTAND THAT YOU DO NOT NEED TO PROVIDE THIS CONSENT TO CALL AS A CONDITION TO RECEIVE ANY GOOD OR SERVICE, IN WHICH CASE YOU WILL NOT PROVIDE YOUR PHONE NUMBER.
2.7 YOU ALSO CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY NOTICE, AVAILABLE AT JAVA-JAM.COM/PRIVACY-POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. YOU ALSO ACKNOWLEDGE THAT WE MAY DISCLOSE YOUR PERSONAL INFORMATION TO OUR SUPPLIER TABIT TECHNOLOGIES, INC. (“TABIT”) AND YOU CONSENT TO TABIT PROCESSING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH ITS PRIVACY NOTICE HTTPS://LEGAL.TABIT.CLOUD/US-DOCUMENTS/ONLINE-DOCUMENTS/US-ONLINE-PRIVACY/(“TABIT PRIVACY NOTICE”).
3. OUR PROPRIETARY RIGHTS.
3.1 AS BETWEEN JAVA & JAM AND YOU, AND SUBJECT TO YOUR RIGHT, TITLE AND INTEREST IN DATA YOU SUBMIT THROUGH THIS SERVICE OR OTHERWISE PROVIDE OR SUBMIT TO JAVA & JAM. JAVA & JAM OWNS ALL RIGHT, TITLE AND INTEREST IN AND TO THE SERVICE, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS SUBSISTING THEREIN. SUBJECT TO THE LIMITED RIGHTS EXPRESSLY GRANTED HEREUNDER, JAVA & JAM RESERVES ALL RIGHTS, TITLE AND INTEREST IN AND TO THE SERVICE, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS SUBSISTING THEREIN. WE GRANT NO RIGHTS TO YOU HEREUNDER OTHER THAN AS EXPRESSLY SET FORTH HEREIN. THIS SERVICE AND ALL MATERIALS AND INFORMATION PUBLISHED THEREON ARE PROTECTED BY U.S. AND FOREIGN COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU AGREE TO PROTECT THE PROPRIETARY RIGHTS OF JAVA & JAM AND TO COMPLY WITH ALL REASONABLE WRITTEN REQUESTS MADE BY JAVA & JAM OR ITS THIRD PARTY LICENSORS TO PROTECT THEIR AND OTHERS’ RIGHTS IN THE SITE, THE J&J APP, AND MATERIALS AND CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE.
3.2 JAVA AND JAM®, AND OUR OTHER BRANDS, TRADEMARKS, AND SERVICE MARKS ARE THE PROPERTY OF JAVA & JAM OR OUR AFFILIATES. JAVA & JAM’S TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN ANY FORM WITHOUT THE PRIOR WRITTEN CONSENT OF JAVA & JAM, AND ANY USE SHALL BE SUBJECT TO JAVA & JAM’S THEN-CURRENT POLICIES AND REQUIREMENTS. ALL OTHER TRADEMARKS, SERVICES MARKS, LOGOS, DESIGNS AND TRADE DRESS NOT OWNED BY JAVA & JAM THAT APPEAR ON THIS SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, WHO MAY OR MAY NOT BE AFFILIATED WITH, CONNECTED TO, OR SPONSORED BY JAVA & JAM.
4. EARNING AND REDEEMING CASHBACK POINTS
4.1. MEMBERS EARN CASHBACK POINTS ON ELIGIBLE PURCHASES MADE EXCLUSIVELY AT THE JAVA & JAM LOCATION.
4.2. CASHBACK POINTS ARE EARNED AT A RATE OF A MINIMUM OF 5% OF THE TOTAL SPEND ON ELIGIBLE PURCHASES.
4.3. CASHBACK POINTS EARNED BY THE MEMBER WILL BE AVAILABLE FOR REDEMPTION STARTING FROM THE NEXT PURCHASE AFTER THE PURCHASE THAT CREDITED THE MEMBER WITH THE CASHBACK POINTS.
4.4. THE FOLLOWING ARE EXCLUDED FROM EARNING CASHBACK POINTS: UTILIZING HOUSE ACCOUNTS, PROMOTIONAL GIFT CARDS, PROMOTIONAL CARDS AND DISCOUNTS, EVENTS, GIFT CARD PURCHASES, THIRD-PARTY.
4.5. TO EARN CASHBACK POINTS, YOU MUST IDENTIFY YOURSELF AS A MEMBER AT THE TIME OF PURCHASE BY PRESENTING YOUR MEMBERSHIP CARD OR PROVIDING YOUR PHONE NUMBER.
4.6. THERE IS A DAILY ACCUMULATION LIMIT OF 100 CASHBACK POINTS PER MEMBER. ANY PURCHASES BEYOND THIS LIMIT ON A SINGLE DAY WILL NOT EARN ADDITIONAL CASHBACK POINTS.
4.7. THE MAXIMUM BALANCE OF CASHBACK POINTS ALLOWED IN A MEMBER’S ACCOUNT AT ANY TIME IS 200 POINTS. ONCE THIS LIMIT IS REACHED, NO ADDITIONAL POINTS CAN BE EARNED UNTIL THE BALANCE IS REDUCED THROUGH REDEMPTION.
4.8. WE RESERVE THE RIGHT TO ADJUST THE EARNING RATE, ELIGIBLE PURCHASES, ACCUMULATION LIMITS, AND OTHER ASPECTS OF THE CASHBACK POINTS SYSTEM AT ANY TIME.
4.9. IN CASE OF ANY TRANSACTION CANCELLATION, THE CASHBACK POINTS EARNED BY THE MEMBER FOR THAT TRANSACTION WILL BE AUTOMATICALLY CANCELLED.
4.10. EACH CASHBACK POINT IS EQUIVALENT TO ONE US DOLLAR (USD $1.00).
4.11. CASHBACK POINTS CAN BE REDEEMED FREELY AT ANY TIME FOR ANY PURCHASE EXCLUSIVELY AT THE JAVA & JAM LOCATION.
4.12. THERE IS NO MINIMUM REDEMPTION AMOUNT. A MEMBER CAN REDEEM ANY NUMBER OF POINTS, UP TO THE FULL VALUE OF YOUR PURCHASE NOT TO EXCEED $200.00.
4.13. TO REDEEM CASHBACK POINTS, SIMPLY INFORM RESTAURANT STAFF AT THE TIME OF PURCHASE THAT YOU WISH TO USE YOUR POINTS. YOU MUST IDENTIFY YOURSELF AS A MEMBER PROVIDING YOUR PHONE NUMBER OR MEMBER ID.
4.14. CASHBACK POINTS MAY BE USED BY ONE MEMBER FOR FULL OR PARTIAL PAYMENT OF YOUR BILL. IF YOUR POINTS DO NOT COVER THE ENTIRE BILL, YOU CAN PAY THE REMAINING BALANCE USING OTHER ACCEPTED PAYMENT METHODS.
4.15. CASHBACK POINTS CAN BE REDEEMED ONLY ONCE AND REDEMPTIONS CANNOT BE REVERSED ONCE PROCESSED.
4.16. CASHBACK POINTS HAVE NO CASH VALUE AND CANNOT BE EXCHANGED FOR CASH OR TRANSFERRED TO OTHER MEMBERS.
4.17. CASHBACK POINTS WILL EXPIRE 12 MONTHS FROM THE DATE OF ISSUE IF NOT REDEEMED.
4.18. UPON TERMINATION OF YOUR MEMBERSHIP, ANY UNUSED CASHBACK POINTS WILL BE FORFEITED.
4.19. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE PROGRAM, INCLUDING MODIFICATIONS TO THE WAY CASHBACK POINTS ARE EARNED, REDEEMED, OR EXPIRE. ANY SIGNIFICANT CHANGES THAT MAY ADVERSELY AFFECT MEMBERS.
4.20. WE MAY SUSPEND OR TERMINATE INDIVIDUAL MEMBERSHIPS WITHOUT NOTICE IN CASES OF SUSPECTED FRAUD, ABUSE OF THE PROGRAM, OR VIOLATION OF THESE TERMS AND CONDITIONS.
4.21. UPON TERMINATION OF YOUR MEMBERSHIP, ANY UNUSED CASHBACK POINTS WILL BE FORFEITED.
5. RESTRICTIONS ON USE.
5.1 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR ON THE SITE, YOU MAY NOT DOWNLOAD, MODIFY, COPY, REPRODUCE, REPUBLISH, POST, RESELL, UPLOAD, TRANSMIT OR DISTRIBUTE ANY MATERIALS OR CONTENT, INCLUDING WITHOUT LIMITATION ANY IMAGES, DESIGNS, FONTS, OR LAYOUTS PROVIDED THROUGH THE SITE, OR ANY PORTION THEREOF FROM OR LINKED TO THE SERVICE, EXCEPT WITH THE EXPRESS WRITTEN CONSENT OF JAVA & JAM OR ITS THIRD PARTY LICENSORS.
5.2 IN ADDITION, YOU AGREE NOT TO:
(A) USE OR ACCESS THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE AGREEMENT OR DISPLAY, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON OR THROUGH THE SERVICE MATERIAL THAT IS INFRINGING, THREATENING, HARASSING, LIBELOUS, HATEFUL, RACIALLY OR ETHNICALLY OBJECTIONABLE, UNLAWFUL, TORTIOUS, HARMFUL TO CHILDREN, INVASIVE OF ANOTHER’S PRIVACY OR VIOLATIVE OF THIRD PARTY PRIVACY RIGHTS;
(B) REVERSE ENGINEER, DECOMPILE, MODIFY, OR CREATE DERIVATIVE WORKS FROM ANY SOFTWARE OR MATERIALS ACCESSIBLE BY OR ON THE SERVICE;
(C) FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER PROPRIETARY INFORMATION (INCLUDING IMAGES, TEXT, PAGE LAYOUT, OR FORM) OF JAVA & JAM WITHOUT EXPRESS WRITTEN CONSENT;
(D) MAKE ANY COMMERCIAL OR NON-FAIR USE OF THE COPYRIGHTS, TRADEMARKS, LOGOS, SYMBOLS, OR ANY OTHER MARK, DEVICE, OR COMMERCIAL IDENTIFIER OF JAVA & JAM OR ANY OF OUR THIRD PARTY LICENSORS WITHOUT THE EXPRESS WRITTEN CONSENT OF JAVA & JAM;
(E) USE OR ACCESS THE SITE IN A MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR ANY JAVA & JAM SERVER OR THE NETWORKS CONNECTED TO ANY JAVA & JAM SERVER;
(F) INTERFERE WITH ANY THIRD PARTY’S USE AND ENJOYMENT OF THE SERVICE;
(G) ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SERVICE, ACCOUNTS, COMPUTER SYSTEMS, OR NETWORKS CONNECTED TO ANY JAVA & JAM SERVER THROUGH HACKING, PASSWORD MINING, OR ANY OTHER MEANS;
(H) SUBLICENSE ANY LICENSE GRANTED IN OR TO MATERIALS ON THE SERVICE (WHETHER OR NOT ANY OF SUCH ACTS ARE FOR COMMERCIAL GAIN OR ADVANTAGE); OR
(I) ACCESS THE SERVICE IN ORDER TO BUILD A COMPETITIVE PRODUCT OR SERVICE, OR COPY ANY FEATURES, FUNCTIONS, OR GRAPHICS OF THE SERVICES.
6. YOUR RESPONSIBILITIES.
YOU SHALL: (I) HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, AND APPROPRIATENESS OF ALL CONTENT AND DATA SUBMITTED TO OR PUBLISHED VIA THE SERVICE BY YOU; (II) COMPLY WITH ALL APPLICABLE LAWS IN USING THE SERVICE; AND (III) USE THE SERVICE SOLELY IN ACCORDANCE WITH ANY ONLINE USER GUIDES OR INSTRUCTIONS MADE AVAILABLE ON OR THROUGH THE SITE OR THE J&J APP. YOU SHALL NOT DISCLOSE OR SHARE ANY ID(S) AND PASSWORD(S) USED TO ACCESS THIS SERVICE. YOU ARE RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR ID(S) AND PASSWORD(S). YOU AGREE TO NOTIFY JAVA & JAM IN WRITING PROMPTLY UPON BECOMING AWARE OF ANY UNAUTHORIZED ACCESS OR USE OF THE SITE BY ANY PARTY.
7. LINKS AND THIRD PARTY INFORMATION.
7.1 THIRD PARTY CONTENT IS NOT MAINTAINED OR CONTROLLED BY JAVA & JAM, AND AS A MATTER OF POLICY, JAVA & JAM DOES NOT INDEPENDENTLY VERIFY, PRESCREEN OR MONITOR ANY SUCH THIRD PARTY CONTENT. WHILE WE BELIEVE THE THIRD PARTY CONTENT IS FROM RELIABLE THIRD PARTY SOURCES, WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT, COMPLETENESS, ADEQUACY, UTILITY OR ACCURACY OF SUCH THIRD PARTY CONTENT. JAVA & JAM DOES NOT MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY THIRD PARTY CONTENT.
7.2 CERTAIN THIRD PARTY CONTENT IS SUBJECT TO ADDITIONAL SPECIFIC TERMS AND CONDITIONS WHICH CAN BE FOUND IN ADDITIONAL TERMS AND IN APPLICABLE AREAS OF THE SITE AND WEBSITES LINKED TO THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF SUCH THIRD PARTY CONTENT IS SUBJECT TO ALL THESE TERMS.
7.3 SERVICE FEATURES THAT INTEROPERATE WITH THIRD PARTY CONTENT DEPEND ON THE CONTINUING AVAILABILITY OF SUCH THIRD PARTY SERVICES AND MATERIALS FOR USE WITH THE SERVICE. IF THE THIRD PARTY PROVIDERS OF SUCH SERVICES OR MATERIALS CEASE TO MAKE THE SERVICES OR MATERIALS AVAILABLE ON REASONABLE TERMS FOR THE SERVICES, WE MAY CEASE PROVIDING SUCH SERVICE FEATURES.
8. DISCLAIMERS AND LIMITS OF LIABILITY.
8.1 THE INFORMATION CONTAINED IN THIS SERVICE PROVIDES ONLY A GENERAL OVERVIEW OF SUBJECTS COVERED, IS NOT INTENDED TO BE TAKEN AS ADVICE REGARDING ANY INDIVIDUAL SITUATION AND SHOULD NOT BE RELIED UPON AS SUCH. JAVA & JAM CANNOT PROVIDE ANY ASSURANCE THAT ANY PRODUCTS THAT CAN BE OBTAINED VIA THE SERVICE ARE SUITABLE FOR A PARTICULAR PURPOSE.
8.2 THE SERVICE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8.3 JAVA & JAM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN IMPLIED WARRANTIES, LIABILITY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN PROVISIONS OF THIS AGREEMENT MAY NOT APPLY TO YOU.
THE SOLE EXTENT OF JAVA & JAM’S LIABILITY, IF AT ALL, SHALL NOT EXCEED THE AMOUNT OF THE PURCHASES AT JAVA & JAM MADE BY THE MEMBER BRINGING A CLAIM, AND FOR WHICH SUCH PURCHASES WERE USED BY THE MEMBER TO EARN THE CASHBACK POINTS ON SAID MEMBER’S ACCOUNT AT THE TIME OF THE EVENT GIVING RISE TO THE ALLEGED LIABILITY IN DISPUTE.
9. INDEMNIFICATION.
YOU SHALL DEFEND US AGAINST ANY CLAIM MADE OR BROUGHT AGAINST US BY A THIRD PARTY ALLEGING THAT YOUR USE OF THE SERVICES IN VIOLATION OF THIS AGREEMENT, OR THE DATA OR INFORMATION YOU SUBMIT THROUGH THE SERVICE, INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR VIOLATES APPLICABLE LAW, AND SHALL INDEMNIFY US FOR ANY DAMAGES FINALLY AWARDED AGAINST, AND FOR REASONABLE ATTORNEY’S FEES INCURRED BY, US IN CONNECTION WITH ANY SUCH CLAIM.
10. CHANGES TO AGREEMENT.
JAVA & JAM RESERVES THE RIGHT TO MAKE CHANGES, MODIFICATIONS, AMENDMENTS, AND/OR UPDATES TO THIS SERVICE AND THE AGREEMENT. WHEN THESE CHANGES ARE MADE, WE WILL MAKE A NEW COPY OF THE AGREEMENT AVAILABLE ON THIS SITE. CHANGES TO THE AGREEMENT SHALL BE EFFECTIVE WHEN POSTED. YOU UNDERSTAND AND AGREE THAT CONTINUED USE OF THE SITE AFTER THE AGREEMENT HAS CHANGED WILL BE TREATED AS YOUR ACCEPTANCE OF THE UPDATED AGREEMENT.
11. TERM AND TERMINATION.
THIS AGREEMENT COMMENCES ON THE DATE YOU ACCEPT IT AND CONTINUES UNTIL TERMINATED IN ACCORDANCE WITH THIS PARAGRAPH. YOU MAY TERMINATE YOUR USE OF THE SERVICE WITHOUT CAUSE AT ANY TIME UPON WRITTEN NOTICE TO US. WE MAY TERMINATE ACCESS TO AND USE OF THE SERVICE (A) AT ANY TIME WITH OR WITHOUT CAUSE, UPON NOTICE TO YOU, OR (B) UPON TERMINATION OF YOUR RELATIONSHIP WITH JAVA & JAM FOR ANY REASON. SECTIONS 3 (PROPRIETARY RIGHTS), 7 (LINKS AND THIRD PARTY CONTENT), 8 (DISCLAIMERS AND LIMITS OF LIABILITY), 9 (INDEMNIFICATION), 13 (GOVERNING LAW) AND 17 (MISCELLANEOUS) SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. UPON TERMINATION OF THIS AGREEMENT, ANY AND ALL CASHBACK POINTS ON YOUR ACCOUNT WILL BE DEEMED AUTOMATICALLY CANCELED, AND YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO ANY CONDSIDERATION IN EXCHNAGE FOR THE CANCELATION OF SAID CASHBACK POINTS.
12. SANCTIONS AND EXPORT CONTROLS.
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS WHICH MAY BE IMPOSED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON THE TRANSACTION OF BUSINESS ACTIVITIES WITH CERTAIN COUNTRIES OR NATIONALS OR RESIDENTS OF CERTAIN COUNTRIES. SERVICES ARE NOT AVAILABLE THROUGH JAVA & JAM TO ANY RESTRICTED ENTITY (AS DEFINED BELOW). YOU REPRESENT AND WARRANT THAT NEITHER YOU NOR YOUR ORGANIZATION IS A RESTRICTED ENTITY NOR ARE YOU OR YOUR ORGANIZATION USING THE SERVICES ON BEHALF OF OR FOR THE BENEFIT OF A RESTRICTED ENTITY. “RESTRICTED ENTITY” SHALL MEAN ANY INDIVIDUAL OR ORGANIZATION OWNED OR CONTROLLED BY, OR ACTING AS AN AGENT FOR, ANY PERSON OR ENTITY WITH WHOM A U.S. CITIZEN, NATIONAL, OR COMPANY ORGANIZED UNDER THE LAWS OF OR OPERATING IN THE U.S. IS PROHIBITED FROM ENGAGING IN TRANSACTIONS BY U.S. LAWS, INCLUDING WITHOUT LIMITATION, A PERSON ON THE SPECIALLY DESIGNATED NATIONALS LIST PUBLISHED BY THE U.S. DEPARTMENT OF THE TREASURY’S OFFICE OF FOREIGN ASSETS CONTROL.
13. GOVERNING LAW.
THE SERVICE IS ADMINISTERED BY JAVA & JAM FROM ITS OFFICES IN THE USA. IF YOU ACCESS THE SERVICE FROM OUTSIDE THE USA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. YOU AGREE NOT TO USE THE SITE IN ANY MANNER PROHIBITED BY APPLICABLE LAWS, REGULATIONS, OR RESTRICTIONS. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REFERENCE TO THE PRINCIPLES OF CONFLICTS OF LAWS THEREOF. YOU AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) AND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA), AS ADOPTED BY ANY STATE, ARE SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT.
14. INJUNCTIVE RELIEF.
YOU ACKNOWLEDGE AND AGREE THAT ANY VIOLATION OF THE AGREEMENT RELATING TO THE DISCLOSURE, USE, COPYING, DISTRIBUTION, DISPLAY OR PUBLISHING OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE BY US OR BY THIRD PARTY LICENSORS, INCLUDING ANY SOFTWARE LICENSED HEREUNDER, MAY RESULT IN IRREPARABLE INJURY AND DAMAGE TO JAVA & JAM OR ITS LICENSORS THAT MAY NOT BE ADEQUATELY COMPENSABLE IN MONEY DAMAGES, AND FOR WHICH JAVA & JAM WILL HAVE NO ADEQUATE REMEDY AT LAW. YOU, THEREFORE, CONSENT AND AGREE THAT JAVA & JAM MAY OBTAIN INJUNCTIONS, ORDERS, OR DECREES AS MAY BE REASONABLY NECESSARY TO ENSURE COMPLIANCE WITH THIS AGREEMENT. YOU HEREBY WAIVE ANY REQUIREMENT OF THE POSTING OF A BOND THAT MAY APPLY FOR ISSUANCE OF ANY INJUNCTIONS, ORDERS, OR DECREES.
15. ARBITRATION; VENUE
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND JAVA & JAM CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND JAVA & JAM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
15.1 AGREEMENT TO ARBITRATE
YOU AND JAVA & JAM MUTUALLY AGREE TO FOREGO THE DELAY AND EXPENSE OF USING A COURT OF LAW AND CHOOSE INSTEAD TO BENEFIT FROM THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF USING BINDING ARBITRATION FOR ANY “COVERED CLAIMS” (AS DEFINED BELOW) THAT ARISE BETWEEN YOU AND JAVA & JAM, ITS RELATED AND AFFILIATED COMPANIES, AND/OR ANY CURRENT OR FORMER EMPLOYEE, OFFICER, OR DIRECTOR OF JAVA & JAM OR ANY RELATED OR AFFILIATED COMPANY. YOU AND JAVA & JAM AGREE THAT THIS ARBITRATION AND CLASS ACTION WAIVER IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ., AND WILL SURVIVE EVEN AFTER THESE TERMS AND CONDITIONS (‘TERMS’) AND ANY SERVICES TERMINATE. ANY REVISION TO OR TERMINATION OF THE TERMS THAT MODIFY OR TERMINATE THIS ARBITRATION AND CLASS ACTION WAIVER SHALL NOT APPLY TO A PENDING ARBITRATION, TO ANY CLAIM THAT ACCRUED PRIOR TO THE MODIFICATION OR TERMINATION, OR TO ANY CLAIM THAT THE ASSERTING PARTY KNEW ABOUT PRIOR TO THE MODIFICATION OR TERMINATION, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.
15.2 CLAIMS SUBJECT TO ARBITRATION
OTHER THAN THE EXCEPTIONS IN THE “EXCLUDED CLAIMS” SECTION BELOW, THE “COVERED CLAIMS” INCLUDE ANY AND ALL CONTROVERSIES, DISPUTES, DISAGREEMENTS, AND CLAIMS ARISING OUT OF, OR RELATING TO, THESE TERMS (INCLUDING ITS ENFORCEMENT, BREACH, PERFORMANCE, INTERPRETATION, VALIDITY, OR TERMINATION), OR YOUR ACCESS TO AND/OR USE OF THE SERVICES, OR THE PROVISION OF CONTENT, SERVICES, AND/OR TECHNOLOGY ON OR THROUGH THE SITE TO THE FULLEST EXTENT ALLOWED BY LAW.
15.3 EXCLUDED CLAIMS, JURISDICTION, AND VENUE
15.3.1 THE COVERED CLAIMS DO NOT INCLUDE (AND THUS SHALL NOT REQUIRE ARBITRATION OF) THE FOLLOWING TYPES OF CLAIMS THAT WILL HEREAFTER BE REFERRED TO AS “EXCLUDED CLAIMS”: (A) ANY CLAIMS THAT CANNOT BE REQUIRED TO BE ARBITRATED AS A MATTER OF LAW; (B) APPLICATIONS FOR PROVISIONAL REMEDIES, PRELIMINARY INJUNCTIONS, AND TEMPORARY RESTRAINING ORDERS, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS; AND (C) SMALL CLAIMS ACTIONS DEMANDING $8,000 OR LESS BROUGHT ON AN INDIVIDUAL BASIS AND WITHIN A SMALL CLAIMS COURT’S JURISDICTION.
15.3.2 ANY EXCLUDED CLAIMS ARISING OUT OF, OR RELATED TO, THESE TERMS SHALL BE INSTITUTED EXCLUSIVELY IN THE IN THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, WHICH SHALL BE THE EXCLUSIVE FORUM FOR SUCH CLAIMS. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. TO THE EXTENT ANY EXCLUDED CLAIMS ARISING OUT OF, OR RELATED TO, THESE TERMS ARE BROUGHT IN STATE AND OR FEDERAL COURT, YOU AGREE TO WAIVE A TRIAL BY JURY TO ADJUICATE ANY SUCH EXCLUDED CLAIMS.
15.3.3 IN THE EVENT YOU OR JAVA & JAM CHOOSE TO PURSUE ARBITRATION OF BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AND THE OTHER PARTY OBJECTS, THE COVERED CLAIMS MUST BE ARBITRATED. IN NO EVENT WILL COVERED CLAIMS BE JOINED WITH EXCLUDED CLAIMS AND LITIGATED IN COURT UNLESS BOTH PARTIES AGREE TO WAIVE ARBITRATION.
15.4 CLASS ACTION WAIVER
15.4.1 EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, YOU AND JAVA & JAM AGREE TO ARBITRATE ANY COVERED CLAIMS ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR RECEIVE MONEY OR ANY OTHER RELIEF FROM ANY REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING (“CLASS ACTION WAIVER”).
15.4.2 NO PARTY MAY BRING A CLAIM ON BEHALF OF OTHER INDIVIDUALS, AND NO ARBITRATOR HEARING ANY CLAIM UNDER THESE TERMS MAY: (A) WITHOUT THE CONSENT OF ALL PARTIES, COMBINE MORE THAN ONE INDIVIDUAL’S CLAIM OR CLAIMS INTO A SINGLE CASE; (B) ORDER, REQUIRE, PARTICIPATE IN, OR FACILITATE PRODUCTION OF CLASS-WIDE CONTACT INFORMATION OR NOTIFICATION OF OTHERS OF POTENTIAL CLAIMS; OR (C) ARBITRATE ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
15.4.3 WHERE AN ARBITRATION HAS ALREADY BEEN INITIATED AGAINST JAVA & JAM, YOU AGREE THAT YOU WILL NOT INITIATE AN ARBITRATION AGAINST JAVA & JAM WITH SUBSTANTIALLY THE SAME FACTS OR LEGAL THEORIES OF RECOVERY. FURTHER, YOU AGREE TO ABIDE BY ANY FINAL ARBITRATION DECISION WHICH FOLLOWS AN ARBITRATION AGAINST JAVA & JAM WITH SUBSTANTIALLY THE SAME FACTS OR LEGAL THEORIES OF RECOVERY.
15.5 ARBITRABILITY DETERMINATIONS
15.5.1 IF A PARTY VIOLATES THE AGREEMENT TO ARBITRATE BY COMMENCING AN ACTION ASSERTING A COVERED CLAIM IN A COURT OF LAW, THEN THE COURT (AND NOT AN ARBITRATOR) SHALL HAVE THE AUTHORITY TO RESOLVE ANY DISPUTES ABOUT THE INTERPRETATION, FORMATION, EXISTENCE, ENFORCEABILITY, VALIDITY, AND SCOPE OF THE THIS ARBITRATION AND CLASS ACTION WAIVER. IF A PARTY COMPLIES WITH THE AGREEMENT TO ARBITRATE AND FILES FOR ARBITRATION WITHOUT FILING A COMPLAINT IN A COURT OF LAW, THEN THE ARBITRATOR SHALL HAVE THE AUTHORITY TO RESOLVE ANY DISPUTES ABOUT THE INTERPRETATION OF THIS ARBITRATION AND CLASS ACTION WAIVER FOR PURPOSES OF DISCOVERY OR THE MERITS OF THE UNDERLYING CLAIM, BUT SHALL HAVE NO AUTHORITY TO RESOLVE ANY DISPUTES ABOUT THE FORMATION, EXISTENCE, ENFORCEABILITY, OR VALIDITY OF THIS ARBITRATION AND CLASS ACTION WAIVER, INCLUDING THE CLASS ACTION WAIVER.
15.6 ARBITRATION RULES, PROCEDURES, AND COSTS
15.6.1 TO INITIATE ARBITRATION, THE PARTY DESIRING TO PURSUE A LEGAL DISPUTE MUST PREPARE A WRITTEN DEMAND SETTING FORTH THE CLAIM(S) AND DELIVER THE WRITTEN DEMAND WITHIN THE APPLICABLE STATUTE OF LIMITATIONS PERIOD BY HAND OR FIRST CLASS MAIL TO JAVA & JAM REPRESENTATIVES AT 221 S. ANDREWS AVENUE FORT LAUDERDALE, FL 33301. YOU AND JAVA & JAM AGREE THAT THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BEFORE A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, AND IF THE PARTIES CANNOT AGREE WITHIN THIRTY (30) DAYS AFTER NAMES OF POTENTIAL ARBITRATORS HAVE BEEN PROPOSED, THEN BY A SINGLE ARBITRATOR WHO IS CHOSEN BY AAA. EXCEPT TO THE EXTENT THAT THEY ARE MODIFIED BY THE RULES BELOW, IF YOU ARE AN INDIVIDUAL PERSON, THE AAA CONSUMER ARBITRATION RULES THAT ARE IN EFFECT AT THE TIME OF THE FILING OF THE DEMAND. EXCEPT TO THE EXTENT THAT THEY ARE MODIFIED BY THE RULES BELOW, THE AAA CONSUMER ARBITRATION RULES THAT ARE IN EFFECT AT THE TIME OF THE FILING OF THE DEMAND WILL APPLY.
15.7 THE PARTIES AGREE THAT THE APPLICABLE AAA RULES ARE MODIFIED AS FOLLOWS:
15.7.1 ANY ARBITRATOR MUST BE NEUTRAL AS TO ALL PARTIES. STANDARDS FOR THE RECUSAL OF AN ARBITRATOR SHALL BE THE SAME STANDARDS UNDER WHICH TRIAL JUDGES ARE RECUSED UNDER FLORIDA LAW.
15.7.2 NO PARTY IS ENTITLED TO ITS ATTORNEYS’ FEES, EXCEPT AS MAY BE AWARDED IN A MATTER AUTHORIZED BY AND CONSISTENT WITH APPLICABLE LAW.
15.7.3 ALL DISCOVERY SHALL BE SUBJECT TO ANY AND ALL OBJECTIONS AVAILABLE UNDER FRCP 26(B). EACH PARTY SHALL AVOID BROAD OR WIDESPREAD COLLECTION, SEARCH, AND PRODUCTION OF DOCUMENTS, INCLUDING ELECTRONICALLY STORED INFORMATION (“ESI”). IF A COMPELLING NEED IS DEMONSTRATED BY THE REQUESTING PARTY, THE PRODUCTION SHALL: (I) BE NARROWLY TAILORED IN SCOPE; (II) ONLY COME FROM SOURCES THAT ARE REASONABLY ACCESSIBLE WITHOUT UNDUE BURDEN OR COST; AND (III) BE PRODUCED IN A SEARCHABLE FORMAT, IF POSSIBLE WITHOUT UNDUE BURDEN OR COST, AND WHICH IS USABLE BY THE RECEIVING PARTY AND CONVENIENT AND ECONOMICAL FOR THE PRODUCING PARTY. WHERE THE COSTS AND BURDENS OF THE REQUESTED DISCOVERY OUTWEIGH ITS LIKELY BENEFIT, CONSIDERING THE NEEDS OF THE CASE, THE AMOUNT IN CONTROVERSY, AND THE IMPORTANCE OF THE DISCOVERY IN RESOLVING THE ISSUES, THE ARBITRATOR SHALL DENY SUCH REQUESTS OR ORDER PRODUCTION ON CONDITION THAT THE REQUESTING PARTY ADVANCE TO THE PRODUCING PARTY THE REASONABLE COSTS INVOLVED IN MAKING THE PRODUCTION, SUBJECT TO THE ALLOCATION OF COSTS IN THE FINAL AWARD.
15.7.4 THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD THE SAME DAMAGES AND OTHER RELIEF THAT WOULD HAVE BEEN AVAILABLE IN COURT PURSUANT TO THE LAW GOVERNING THE COVERED CLAIM(S), SUBJECT TO LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS.
15.7.5 EITHER PARTY SHALL HAVE THE RIGHT TO FILE MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT/ADJUDICATION.
15.7.6 THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ISSUE AN AWARD OR PARTIAL AWARD WITHOUT CONDUCTING A HEARING ON THE GROUNDS THAT THERE IS NO CLAIM ON WHICH RELIEF CAN BE GRANTED OR THAT THERE IS NO GENUINE ISSUE OF MATERIAL FACT TO RESOLVE AT A HEARING.
15.7.7 THE FEDERAL RULES OF EVIDENCE SHALL APPLY TO ALL ARBITRATION PROCEEDINGS.
15.7.8 FOR DISCOVERY PURPOSES ONLY, AN ARBITRATOR MAY CONSOLIDATE CLAIMS FILED BY MULTIPLE INDIVIDUALS, EACH ON THEIR OWN BEHALF, IN A SINGLE ARBITRATION PROCEEDING, OR MAY CONDUCT A JOINT HEARING FOR EFFICIENCY PURPOSES, SO LONG AS THE ARBITRATOR DOES NOT (A) CERTIFY (CONDITIONALLY OR OTHERWISE) A COLLECTIVE, CLASS, OR REPRESENTATIVE ACTION THAT INCLUDES INDIVIDUALS WHO HAVE NOT THEMSELVES ALREADY SUBMITTED THEIR OWN INDIVIDUAL CLAIMS, OR (B) AUTHORIZE THE ISSUANCE OF NOTICE OF THE ARBITRATION TO INDIVIDUALS ON THE GROUNDS THAT THE ARBITRATOR OR ANY PARTY BELIEVES THERE ARE OTHER INDIVIDUALS WHO ARE SIMILARLY SITUATED TO OR SHARE COMMONALITY WITH A PARTY TO THE ARBITRATION.
15.7.9 THE ARBITRATOR MUST ISSUE A DECISION IN WRITING, SETTING FORTH IN SUMMARY FORM THE REASONS FOR THE ARBITRATOR’S DETERMINATION AND THE LEGAL BASIS THEREFOR.
15.7.10 THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO DECIDING THE CASE SUBMITTED BY THE PARTIES TO THE ARBITRATION. THEREFORE, NO DECISION BY ANY ARBITRATOR SHALL SERVE AS PRECEDENT IN OTHER ARBITRATIONS EXCEPT TO PRECLUDE THE SAME CLAIM FROM BEING RE-ARBITRATED BETWEEN THE SAME PARTIES.
15.7.11 THE PARTIES MAY SETTLE ANY DISPUTE ON A MUTUAL BASIS WITHOUT INVOLVEMENT OF THE ARBITRATOR.
15.7.12 IF YOU INITIATE ARBITRATION, YOU WILL PAY THE FIRST $250, AND JAVA & JAM WILL PAY ALL OTHER FILING, ADMINISTRATIVE, OR HEARING FEES. IF JAVA & JAM INITIATES ARBITRATION, JAVA & JAM WILL PAY ALL FILING, ADMINISTRATIVE, AND HEARING FEES. REGARDLESS OF WHICH PARTY INITIATES ARBITRATION, YOU WILL REMAIN RESPONSIBLE FOR YOUR ATTORNEYS’ FEES AND COSTS UNLESS THE LAW GOVERNING THE COVERED CLAIM PROVIDES FOR AN AWARD OF ATTORNEYS’ FEES AND COSTS AND THE ARBITRATOR DETERMINES AS PART OF THE ARBITRATION AWARD THAT YOU MAY RECOVER A CERTAIN AMOUNT OF ATTORNEYS’ FEES AND COSTS.
15.8 IF ANY TERM OR CONDITION IN THIS ARBITRATION AND CLASS ACTION WAIVER IS DETERMINED TO BE UNENFORCEABLE OR IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, IT SHALL BE CONSTRUED TO INCORPORATE ANY MANDATORY PROVISION, OR THE UNENFORCEABLE OR CONFLICTING TERM OR CONDITION SHALL BE AUTOMATICALLY SEVERED AND THE REMAINDER OF THIS ARBITRATION AND CLASS ACTION WAIVER SHALL NOT BE AFFECTED. PROVIDED, HOWEVER, THAT IF THE CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN ANY CLAIM BROUGHT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BASIS SHALL BE ADJUDICATED EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, WHICH SHALL BE THE EXCLUSIVE FORUM FOR SUCH CLAIMS. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
16. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU AGREE THAT WHENEVER YOU HAVE A DISAGREEMENT WITH JAVA & JAM ARISING OUT OF, CONNECTED TO, OR IN ANY WAY RELATED TO THE TERMS AND CONDITIONS AND/OR PROGRAM, YOU WILL FISRT SEND A WRITTEN NOTICE TO US (“DEMAND”) BY CERTIFIED MAIL PRIOR TO INITIATING ANY ARBITRATION AND/OR COURT PROCEEDING. YOU AGREE THAT THE REQUIREMENTS OF THIS SECTION WILL APPLY EVEN TO DISAGREEMENTS THAT MAY HAVE ARISEN BEFORE YOU ACCEPTED THESE TERMS AND CONDITIONS. YOU MUST SEND THIS DEMAND TO THE ADDRESS BELOW. YOU AGREE THAT YOU WILL NOT TAKE ANY LEGAL ACTION, INCLUDING FILING A LAWSUIT OR DEMANDING ARBITRATION, UNTIL TEN (10) BUSINESS DAYS AFTER YOU SEND THE DEMAND.
17. MISCELLANEOUS
17.1 WE MAY ASSIGN OUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, WITHOUT NOTICE, TO: (A) ANY AFFILIATE OF JAVA & JAM; OR (B) ANY PARTY OR ITS AFFILIATE ACQUIRING ALL OR SUBSTANTIALLY ALL OF THE ASSETS OR OWNERSHIP INTEREST BY MERGER OR OTHERWISE OF JAVA & JAMOR ANY AFFILIATE OF JAVA & JAM. THIS AGREEMENT MAY NOT BE ASSIGNED BY YOU WITHOUT OUR PRIOR WRITTEN CONSENT. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THIS AGREEMENT SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
17.2 SHOULD ANY PROVISIONS OF THE AGREEMENT BE HELD BY A COURT OF LAW TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT WILL NOT BE AFFECTED OR IMPAIRED THEREBY.
17.3 THE WAIVER OF A BREACH OF THE AGREEMENT OR THE NON-ENFORCEMENT BYJAVA & JAMOF ANY PROVISION OF THIS AGREEMENT WILL NOT OPERATE OR BE CONSTRUED AS A WAIVER OF ANY OTHER OR SUBSEQUENT BREACH BY YOU OF THIS AGREEMENT.
17.4 THE AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND JAVA & JAMRELATING TO THIS SUBJECT MATTER AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN AGREEMENTS CONCERNING SUCH SUBJECT MATTER.
17.5 ANY NOTICE REQUIRED OR PERMITTED BY THIS AGREEMENT MUST BE IN WRITING AND WILL BE DEEMED GIVEN AND EFFECTIVE: (I) WHEN PERSONALLY DELIVERED; (II) UPON RECEIPT VIA OVERNIGHT COURIER; OR (III) UPON RECEIPT BY WAY OF CERTIFIED OR REGISTERED MAIL. NOTICE MUST BE SENT TO THE FOLLOWING ADDRESS:
DINER 301, LLC
221 S. ANDREWS AVENUE FORT LAUDERDALE, FL 33301
